New U.S. Supreme Court decision

AT&T Mobility LLC v. Concepcion, 22 Fla. L. Weekly Fed. S957a (Apr. 27, 2011).

Arbitration -- Class actions -- Federal Arbitration Act prohibits States from conditioning enforceability of certain arbitration agreement on availability of classwide arbitration procedures -- California supreme court's Discover Bank decision, which held that class waivers in consumer arbitration agreement are unconcionable under certain circumstances, is preempted by FAA, because it stands as an obstacle to acomplishment and execution of full purposes and objectives of Congress

This decision is huge and is a major reversal of many state decisions finding that the FAA does not preempt state law on classwide arbitrations. Should you have any questions on this decision or wish a full copy, please feel free to contact me at miamipandi@comcast.net. Regards, Michelle Otero Valdés

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Maritime Law--Florida's Arbitration Code Is Now Revised

Those of us that practice maritime law regularly must always be on the lookout for the contract that may contain an arbitration clause. Thus, any laws related to arbitration are important to those of us practicing in this sector. The Florida legislature has revised the Florida Arbitration Code ("FAC") and named it the Revised Florida Arbitration Code (the " Revised Act"). Since 1967, the FAC had gone mostly unchanged. The Revised Act addresses concepts that were not addressed in the old law, such as the ability of arbitrators to issue provision remedies, challenges based on notice, consolidation of separate arbitration proceedings, required conflict disclosures by arbitrators, among other major changes. The Revised Act lays out a detailed framework for international arbitration conducted under Florida law and repeals sections of the FAC. The Revised Act spells out what experienced arbitrators knew the case law to be, but codifies it all in one pl

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Maritime Law--Jury Hits Royal Caribbean Cruises With $20.3M Verdict for Officer's Hand Injury

In Spearman v. Royal Caribbean Cruises , Case No. 2011-023730-CA-01, a Miami-Dade County, Florida jury has awarded $20.3 million to a former crewmember of Royal Caribbean Cruises, whose hand was crushed while coming to the aid of a fellow worker during an emergency test in 2008. After a three-week trial, the jury found the Miami-based cruise company negligent in operating an unseaworthy ship and 100 percent liable for the injuries suffered by Lisa Spearman, who was working an officer on Royal Caribbean’s Voyager of the Seas . Spearman sued the company in 2011, three years after her right hand was caught in a watertight power door during a fire-safety drill. According to her lawyers, Spearman was trying to prevent the door from closing on the ship’s nurse when her hand was pulled into a recess pocket of the sliding door and crushed. The nurse allegedly breached the company’s safety protocol when she stumbled through the door, prompting the response from Spearman. Accordin

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