UNITED STATES 1034

United States Court of Appeals, Eleventh Circuit, 10 August 2020, No. 19-12463 Non-Argument Calendar

(Martha Phillips, et al. v. NCL Corporation Ltd., a foreign corporation doing business as Norwegian Cruise Lines)

10 - 08 - 2020

UNITED STATES 1034

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVII (2022)
Jurisdiction United States
Summary

The plaintiff passengers purchased a travel insurance plan from Norwegian Cruise Lines as part of a cruise package. They later filed a putative class action suit raising claims under the Florida Deceptive and Unfair Trade Practices Act and for unjust enrichment, alleging that Norwegian failed to disclose profits it would earn in connection with the sale of the travel insurance. The district court had granted Norwegian’s motion to compel arbitration and dismiss the class allegations. On appeal, the Eleventh Circuit affirmed the lower court’s decision, finding that the passengers’ claims, even their consumer fraud claims, fell within the scope of the arbitration clause in the Guest Contract between the parties. 

Related topics
201

The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

Scope of arbitration agreement
UNITED STATES 1034