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BAUTISTA v. STAR CRUISES

No. 03-15884.

396 F.3d 1289 (2005)

Rizalyn BAUTISTA, Individually and as Personal Representative of the Estate of Mari-John Bautista, and all claiming by and through her, Plaintiff-Appellant, v. STAR CRUISES, Norwegian Cruise Line, Ltd., Defendants-Appellees. Paul Peralta, Plaintiff-Appellant, v. Star Cruises, Norwegian Cruise Line, Ltd., Defendants-Appellees. Raymond Lovino, Plaintiff-Appellant, v. Star Cruises, Norwegian Cruise Line, Ltd., Defendants-Appellees. Ronaldo Marcelino, Plaintiff-Appellant, v. Star Cruises, Norwegian Cruise Line, Ltd., Defendants-Appellees. Rolando Tejero, Plaintiff-Appellant, v. Star Cruises, Norwegian Cruise Line, Ltd., Defendants-Appellees. Abdi Comedia, Plaintiff-Appellant, v. Star Cruises, Norwegian Cruise Line, Ltd., Defendants-Appellees. Cristina L. Valenzuela, Individually and as Personal Representative of the Estate of Candido S. Valenzuela, Jr. and all those claiming through her, Plaintiff-Appellant, v. Star Cruises, Norwegian Cruise Line, Ltd., Defendants-Appellees. Marilen S. Bernal, Individually and as Personal Representative of the Estate of Ramil G. Bernal, and all those claiming by and through her, Plaintiff-Appellant, v. Star Cruises, Norwegian Cruise Line, Ltd., Defendants-Appellees. Willy I. Villanueva, Individually and as Personal Representative of the Estate of Rene Villanueva, and all those claiming through him, Plaintiff-Appellant, v. Star Cruises, Norwegian Cruise Line, Ltd., Defendants-Appellees. Maria Garcia L. Rosal, Individually and as Personal Representative of the Estate of Ricardo B. Rosal, III, and all those claiming by and through her, Plaintiff-Appellant, v. Star Cruises, Norwegian Cruise Line, Ltd., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 18, 2005.

Attorney(s) appearing for the Case

Bruce Rogow, Beverly A. Pohl, Bruce S. Rogow, P.A., Ft. Lauderdale, FL, for Plaintiffs-Appellants.

Christopher John Bailey, Curtis J. Mase, Mase & Gassenheimer, P.A., Miami, FL, for Defendants-Appellees.

Jeffrey Robert White, Center for Constitutional Litigation, P.C., Washington, DC, for Association of Trial Lawyers of America and Trial Lawyer, Amicus Curiae.

David W. Robertson, Dripping Springs, TX, for Apostleship of the Sea of the United States of America, Amicus Curiae.

Benjamin Warren Pope, King & Spalding, LLP, Atlanta, GA, for Dept. of Labor and Employment of the Republic, Amicus Curiae.

Before EDMONDSON, Chief Judge, WILSON, Circuit Judge, and RESTANI, Judge.

RESTANI, Chief Judge:

The S/S NORWAY's steam boiler exploded on May 25, 2003, while the cruise ship was in the Port of Miami. Six of the crewmembers represented in this action were killed and four were injured.1 Each crewmember's employment agreement with Defendant NCL includes an arbitration clause, which the district court enforced pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards...

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