· 9/21/2012
The Estate of Tore Myhra v. Royal Caribbean Cruises, Ltd.
Citations
- 695 F.3d 1233
- 2012 A.M.C. 2678
- 2012 WL 4207303
- 2012 U.S. App. LEXIS 19927
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the physical characteristics of the warning in ticket contract were sufficient to reasonably communicate a forum-selection clause to passengers
- relying on invoices that were sent to the plaintiffs by the cruise line that directed the plaintiffs to the contract terms
- finding reasonable communicativeness where “an all-capital headline on the very first page of a large travel packet ... direct[ed] the [passengers’] attention to the terms and conditions”
- finding reasonable communicativeness where “an all-capital headline on the very first page of a large travel packet . . . direct[ed] the [passengers’] attention to the terms and conditions”
- finding lengthy booklet with “very small, but legible, type” which on the first page specifically directed passengers to terms and conditions on the back of brochure satisfied provided reasonably adequate notice
- considering a motion under 12(b)(3) and noting that, although “we take the facts of the complaint as true, we do so only to the extent they are uncontroverted by defendant’s affidavits” (cleaned up)
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Pryor, Ripple
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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