Louisiana Statute Prohibiting the Enforcement of Forum Selection Clauses Contained in Employment Contracts Or Collective Bargaining Agreements Held to Apply to Maritime Cases.
DIMITRIOS KERAMIDAS VERSUS PROFILE SHIPPING LIMITED AND STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION LIMITED
NO. 2000-CA-1852
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT
2000-1852 (La.App. 5 Cir, 10/16/02);
2002 La. App. LEXIS 3149
October 16, 2002, Decided
DISPOSITION: REVERSED AND REMANDED.
PROCEDURAL POSTURE: Appellant wife filed a maritime personal injury suit for the death of her husband. The trial court granted appellee employer summary judgment because the forum selection clause of the employment agreement precluded filing suit in the United States. The court of appeals upheld the summary judgment. Subsequently, the Louisiana Supreme Court granted a writ of certiorari and remanded for reconsideration in light of another case decision.
OVERVIEW: The supreme court remanded for reconsideration in light of a case decision holding that La. Rev. Stat. Ann. ยง 23:921A(2) prohibited the enforcement of forum selection clauses contained in employment contracts or collective bargaining agreements, that the statute applies to maritime cases, that it was to be applied prospectively and retroactively, and that it did not violate either the state or federal constitutional prohibitions against impairment of contracts. The wife argued that the case decision was on point and mandated reversal. The employer argued that the statute could not be applied constitutionally under the Commerce Clause and could not be applied retroactively. Upon reconsideration, the court of appeals reversed the grant of summary judgment. The court found that the case was on point and it disposed of the employer's arguments. Since the court of appeals was bound by the supreme court's holding, the court of appeals was required to reverse its initial ruling.
OUTCOME: The judgment was reversed and remanded.
