McAlpin Tanner Marcotte Triumphant At Eleventh Circuit Court Of Appeal
McAlpin Tanner Marcotte successfully enforced a foreign selection clause requiring arbitration of a crewmember’s claim against his employer, a major cruise line. Unhappy with the result, the crewmember appealed the federal court Order to the Eleventh Judicial Circuit Court of Appeal. On appeal, McAlpin Tanner Marcotte successfully argued the lower court’s order compelling arbitration and staying the case was neither final nor immediately appealable. Accordingly, the Eleventh Circuit dismissed the predicated on lack of jurisdiction. The case is currently proceeding in arbitration.