Legal Opinion
Lischinskaya v. Carnival Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 14, 2008PublishedCited by 2 opinions
1Opinion of the Court
*118OPINION OF THE COURT
Spolzino, J.E
This appeal presents two issues with respect to a contractual forum selection clause. First, does a forum selection clause in a cruise ship contract of passage that limits an injured passenger to suit in federal court, where such jurisdiction is available, and allows a state court action only where it is not, violate either the Saving to Suitors Clause of the Judiciary Act of 1789 (28 USC § 1333[1]) or 46 USC § 30509, which governs clauses in maritime contracts that purport to limit liability? Second, if the forum selection clause is enforceable, does it…
2Cases cited50 opinions
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
- Lewis v. Lewis & Clark Marine, Inc.Supreme Court of the United States · 2001
- Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
45 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Korman v. Princess Cruise Lines, Ltd., California Court of Appeal, 5th District2019
- Dancor Construction, Inc. v. FXR Construction, Inc.Appellate Court of Illinois · 2016