The cruise line filed a motion to dismiss for lack of personal jurisdiction, based on the forum selection clause. The district court denied the motion, and the cruise line sought an interlocutory appeal of this motion. The appellate court denied the motion based on the final judgment rule, 28 U.S.C. 1291, asserting that the cruise line would have to wait until the case was decided before filing any appeals. This ruling was immediately appealed to the U.S. Supreme Court.
The Court, in a unanimous opinion by Justice Brennan, held that the Collateral Order Doctrine does not apply to a forum selection clause. This was not a case where the defendant was claiming a right not to be tried at all, like a sovereign immunity case, which would be disposed of before the defendant was even subject to the discovery process. Instead, the defendant was acknowledging that it could be sued, but merely disputing the appropriate forum for the suit.
Justice Scalia, concurring, wrote to express his opinion that the reason an interlocutory appeal would not stand in this case was that "the law does not deem the right important enough to be vindicated" by an interlocutory appeal.
Interview: Blues singer R.L. Burnside discusses his music and his latest album; Matthew Johnson, head of Fat Possum Records, discusses R.L. Burnside's music
Mar 19, 2001; 00-00-0000 Interview: Blues singer r.l. Burnside discusses his music and his latest album; Matthew Johnson, head of Fat...
Northwest Biotherapeutics Conducting Ovarian Cancer Clinical Trial With DCVax(R)-L at University of Pennsylvania.
Jan 07, 2008; Northwest Biotherapeutics, Inc. (BULLETIN BOARD: NWBO) (AIM: NWBT; NWBS) ("NWBT") announced that a Phase I/II clinical trial in...