Legal Opinion · Dissent

Leslie v. Carnival Corp.

District Court of Appeal of Florida

Decided November 25, 2009No. 3D06-2228, 3D07-1009, 3D07-627, 3D06-2226Published

1Dissent

CORTIÑAS, J.,

(dissenting).

This case involves a clear right to a jury trial in Florida’s state courts that, through a choice of forum clause (“Forum Clause”) in a cruise ticket contract, was taken away from the plaintiffs without notice or consent. In its pre-printed cruise tickets, which are provided to passengers after their purchase of a non-refundable cruise, Carnival includes a forum selection clause that provides as follows:

It is agreed by and between Guest and Carnival that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Guest’s…

2Cases cited33 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991
  3. Chauffeurs, Teamsters & Helpers Local No. 391 v. TerrySupreme Court of the United States · 1990
  4. PDK Laboratories Inc. v. United States Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 2004
  5. Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830

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