Liskow attorney Sam Blatchley recently secured a favorable ruling in the U.S. District Court for the District of Rhode Island, which granted a motion to compel arbitration and stay proceedings on behalf of two maritime clients in a Jones Act personal injury matter.
The plaintiff argued that an arbitration agreement governing his prior work aboard the vessel was no longer in effect at the time of the incident. The Court disagreed, finding that the agreement was continuing in nature, remained in full force and effect, and applied to future vessel assignments unless terminated by written notice.
Although the Federal Arbitration Act does not apply to seamen’s employment contracts, the Court further held that the arbitration provision was valid and enforceable under Rhode Island law, rejected plaintiff’s argument that Jones Act claims cannot be arbitrated, and held that the plaintiff’s claims for unseaworthiness, Jones Act negligence, and maintenance and cure fell squarely within its scope. The matter is stayed pending arbitration, where plaintiff’s claims will be decided by a maritime arbitrator rather than a jury.