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Appellate Advocacy Keyed to Meador, 2nd Ed.
Lauro Lines s.r.l. v. Chasser
Citation:
490 U.S. 495, 109 S. Ct. 1976, 104 L. Ed. 2d 548 (1989)Facts
The individual respondents were passengers aboard the cruise ship Achille Lauro when it was hijacked by terrorists in the Mediterranean in October 1985. They filed suits against Lauro Lines, the Italian owner of the ship, in the District Court for the Southern District of New York to recover damages for injuries and for the wrongful death of passenger Leon Klinghoffer. Lauro Lines moved to dismiss the actions based on a forum-selection clause printed on each passenger ticket that required any suit to be instituted in Naples, Italy, and renounced the right to sue elsewhere. The District Court denied the motions to dismiss, finding that the ticket did not provide reasonable notice to passengers that they were waiving their right to sue in a domestic forum. Without seeking certification for interlocutory appeal under 28 U.S.C. § 1292(b), Lauro Lines appealed directly to the Second Circuit, which dismissed the appeal as non-appealable under § 1291.
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