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· 1/18/2005

Rizalyn Bautista v. Star Cruises

Citations

  • 396 F.3d 1289
  • 2005 WL 90949

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a district court’s retention of jurisdiction to enforce or confirm a resulting arbitral award does not destroy finality
  • holding that fraud, mistake, duress, and waiver are valid defenses but state-law principles of unconscionability are not
  • concluding that affirmative defense of unconscionability cannot be raised at arbitration-enforcement stage
  • concluding that “[w]hile it is plausible that economic hardship might make a prospective [ ] seaman susceptible to a hard bargain during the hiring process, Plaintiffs have not explained how this makes for a defense under the Convention.”
  • concluding that “[w]hile it is plausible that economic hardship might make a prospective [ ] seaman susceptible to a hard bargain during the hiring process, Plaintiffs have not explained how this makes for a defense under the Convention”
  • holding that employment contracts are commercial legal relationships under the Convention

Source: CourtListener parenthetical corpus (CC0).

Judges: Edmondson, Wilson, Restani

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.