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VELCHEZ v. CARNIVAL CORP.

No. 02-13535.

331 F.3d 1207 (2003)

Ariel S. VELCHEZ, Plaintiff-Appellee, v. CARNIVAL CORPORATION, a.k.a. Carnival Cruise Lines, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 29, 2003.

Attorney(s) appearing for the Case

Beverly D. Eisenstadt, James Daryl Gassenheimer, Rachel S. Cohen, Mase & Gassenheimer, Miami, FL, for Defendant-Appellant.

David Henry Pollack, Miami, FL, Rebecca Bedford Watford, The Huggett Law Firm, Miami, FL, for Plaintiff-Appellee.

Before BIRCH, CARNES and BRUNETTI, Circuit Judges.

CARNES, Circuit Judge:

Ariel Velchez formerly worked as a seaman on board a vessel owned by Carnival. He was employed under the terms of a standard Philippine Overseas Employment Administration contract, which includes a clause requiring claims and disputes to be resolved through an established "grievance machinery." Velchez served Carnival with a summons and complaint he had filed in state court. The complaint asserted claims for negligence under the Jones Act, unseaworthiness...

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