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Princess Cruises Ship Passenger Drops COVID-19 Suit
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Ex-Princess Cruise Worker Fights Arbitration In Injury Case
Law360 (May 6, 2021, 10:34 PM EDT) A former Princess Cruise Lines crew member seeking compensation for a permanent injury has told a California federal court that his claim doesn t belong in arbitration in Bermuda, where the company is incorporated, saying the cruise line effectively waived its right to enforce the terms of the employment agreement s arbitration clause.
Serbian citizen Tomislav Radonjic said Wednesday in opposing Princess Cruise Lines Ltd. s motion to compel arbitration that Bermudan proceedings don t fairly treat seafarers under the Jones Act, a U.S. law through which injured seamen can make negligence claims. Seafarers are wards of the court and, thus, a protected class of.
Carnival Corporation & plc is hereby announcing that today it has released its first quarter results of operations in its earnings release and filed its joint Quarterly Report on Form 10-Q ( Form 10-Q ) with the U.S. Securities and Exchange Commission ( SEC ) containing the Carnival Corporation & plc 2021 first quarter unaudited consolidated financial statements. The information included in the attached Schedules A and B is extracted from the Form 10-Q and has been prepared in accordance with SEC rules and regulations. The Carnival Corporation & plc unaudited consolidated financial statements contained in the Form 10-Q have been prepared in accordance with generally accepted accounting principles in the United States of America ( U.S. GAAP ).
ERISA Fiduciary Claims Not Subject to Arbitration Thursday, March 11, 2021
The Second Circuit has ruled in a significant decision that ERISA breach of fiduciary claims are not subject to arbitration under an employment arbitration agreement with the employer plan sponsor.
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In reversing a New York district court’s order to compel arbitration, the Second Circuit emphasized that the arbitration agreement the employee signed when he was hired only banned him from filing claims in court related to his employment, not ERISA claims alleging breach of fiduciary duty which, according to the Court, are not “related to” his employment. Moreover, the Second Circuit said, Congress explicitly authorized plan beneficiaries and others to sue individual fiduciaries in federal court for breach of their duties under ERISA and seek remedies on behalf of the plan.
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