Filed: May 04, 2000
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-31042 Summary Calendar _ BARBARA DORAN, Plaintiff-Appellant, versus CARNIVAL CRUISE LINES, INC., Defendants, CARNIVAL CORPORATION, (erroneously sued as Carnival Cruise Lines, Inc.), Defendant-Appellee. _ Appeal from the United States District Court for the Eastern District of Louisiana (99-CV-800-F) _ May 3, 2000 Before SMITH, BARKSDALE, and PARKER, Circuit Judges. PER CURIAM:* Regarding the dismissal of Barbara Doran’s personal injur
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-31042 Summary Calendar _ BARBARA DORAN, Plaintiff-Appellant, versus CARNIVAL CRUISE LINES, INC., Defendants, CARNIVAL CORPORATION, (erroneously sued as Carnival Cruise Lines, Inc.), Defendant-Appellee. _ Appeal from the United States District Court for the Eastern District of Louisiana (99-CV-800-F) _ May 3, 2000 Before SMITH, BARKSDALE, and PARKER, Circuit Judges. PER CURIAM:* Regarding the dismissal of Barbara Doran’s personal injury..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 99-31042
Summary Calendar
__________________
BARBARA DORAN,
Plaintiff-Appellant,
versus
CARNIVAL CRUISE LINES, INC.,
Defendants,
CARNIVAL CORPORATION, (erroneously sued as
Carnival Cruise Lines, Inc.),
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Eastern District of Louisiana
(99-CV-800-F)
_________________________________________________________________
May 3, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Regarding the dismissal of Barbara Doran’s personal injury
action, at issue is the enforceability of a forum selection clause
in a cruise passenger’s ticket. We AFFIRM.
Doran, a resident of Canada, purchased a ticket on 26 March
1998 for a one week cruise aboard Carnival’s ship, the M/V
CELEBRATION. Pursuant to a contract with the National Film Board
of Canada, Doran was preparing a documentary on “romance” novels,
the cruise’s theme.
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Doran received the ticket upon boarding the ship in New
Orleans, Louisiana, on 17 April 1998. She had the option of
receiving it earlier. It included a forum selection clause
identical to that upheld in Carnival Cruise Lines, Inc. v. Shute,
499 U.S. 585 (1991), requiring litigating all disputes in Florida.
During an outdoor reception, Doran was struck by a falling
metal pole. She filed suit in the Eastern District of Louisiana.
Carnival moved to dismiss for improper venue, contending the forum
selection clause required venue in Florida.
The district court granted Carnival’s motion and dismissed the
action. It held: (1) the ticket is a maritime contract governed by
maritime law; (2) forum selection clauses are prima facie valid;
and (3) Doran failed to prove enforcement of the clause was either
unfair, unreasonable, a result of fraud or overreaching, or
deprived her of her day in court.
We review the enforceability of a forum selection clause de
novo. Mitsui & Co. (USA), Inc. v. Mira M/V,
111 F.3d 33, 35 (5th
Cir. 1997).
A forum selection provision in a written contract is prima
facie valid and enforceable unless the opposing party shows
enforcement would be unreasonable. M/S Bremen v. Zapata Off-Shore
Co.,
407 U.S. 1, 10 (1972). The presumption may be overcome by
showing the provision is unreasonable under the circumstances.
Id.
“The burden of proving unreasonableness is a heavy one,
carried only by a showing that the clause results from fraud or
overreaching, that it violates a strong public policy, or that
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enforcement of the clause deprives plaintiff of his day in court.”
Mitsui, 111 F.3d at 35 (citation omitted). Essentially for the
reasons stated by the district court, the dismissal was proper.
Doran v. Carnival Cruise Lines, Inc., No. 99-800 (E.D. La. 27 Aug.
1999).
AFFIRMED
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