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Carnival Cruise Lines, Inc. v. Shute

Carnival Cruise Lines, Inc. v. Shute - Civil Procedure 10/9...

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Civil Procedure 10/9 Consent as a Substitute for Power Carnival Cruise Lines, Inc. v. Shute, U.S. Supreme Court, 1991 Facts : The Shutes bought cruise tickets through a travel agent in Washington. The cruise left from California. The agent then forwarded the money to Florida where Carnival was based. The tickets came with a contract that required all disputes to be settled in Florida courts and not any others. The Shutes sued in Washington. Procedure : Appeals court found for Shute – that they could sue in Washington. Issue : whether the Appeals court correctly refused to enforce a forum-selection clause contained in tickets issued by Carnival to Shute. Holding : 9 th Circuit erred in refusing to enforce the forum-selection clause. Rule : mandatory forum selection clauses are acceptable as long as they’re reasonable and don’t violate principles of fundamental fairness. Dissent : Hoffheimer Notes : Plaintiffs can definitely sue in Florida because that’s where courts have general jurisdiction over Carnival. What about Washington? There are minimum contacts
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