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FISK v. ROYAL CARIBBEAN CRUISES, LTD.

No. 30041.

108 P.3d 990 (2005)

141 Idaho 290

Betty FISK, Plaintiff-Respondent, v. ROYAL CARIBBEAN CRUISES, LTD., a Liberian corporation, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 2004 Term.

March 4, 2005.

Attorney(s) appearing for the Case

Blackburn & Jones, LLP, Boise, and Kaye Rose & Maltzman, LLP, San Diego, CA for appellant. William J. Tucker argued.

Foley, Freeman, Borton & Stern, Chtd., Meridian, for respondent. Joseph W. Borton argued.

BURDICK, Justice.

Royal Caribbean Cruises, Ltd., (Royal Caribbean) appeals the district court's denial of its I.R.C.P. 12(b) motion to dismiss an action brought against it by Betty Fisk for having been filed in an improper forum. Under principles of federal maritime law, Royal Caribbean seeks enforcement of a forum selection clause in the cruise ticket contract signed by Fisk. We reverse the district court and remand for further proceedings.

I. FACTUAL AND...

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