X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ARGUED OCTOBER 27, 2009

Before EASTERBROOK, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.

Michael Sherwood filed this suit under the Jones Act, 46 U.S.C. §§ 30101–06, and general maritime law, alleging that he suffered an injury while working as a deckhand. Defendants (collectively Bluegrass Marine, Sherwood’s employer), whose vessels ply the Mississippi River, asked the judge to stay the suit in favor of arbitration. The Federal Arbitration Act does not apply because Sherwood was a seaman, and “nothing [in the Act] shall apply to contracts of employment of seamen” and some other workers. 9 U.S.C. §1. See Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001) (discussing §1). But Bluegrass Marine did not rely on the federal Act. Instead it invoked a clause of Sherwood’s employment contract providing that all disputes will be arbitrated under the Illinois Uniform Arbitration Act, 710 ILCS 5/1 to 5/23.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More

PARALEGAL - NEW YORK


Auto defense counsel seeking paralegal for discovery demands and responses as well as other legal documents. Salary range 50k to 65k depend...


Apply Now ›

NO - FAULT PARALEGAL - NEW YORK


Needed to assist in drafting, preparing and filing legal docs through NYSCEF in accordance with attorney instructions. An associate degree, ...


Apply Now ›

Litigator (Of-Counsel) - New York


Civil/Commercial Litigator (of-counsel) in Nassau or Queens county earnestly sought. Office located at Station Plaza (Great Neck) (2 mins w...


Apply Now ›

SCHIRMER LAW LLC

06/09/2023
DBR Web

SCHIRMER LAW LLC Celebrating 7 years of Excellent Service


View Announcement ›

POND LEHOCKY STERN GIORDANO

06/06/2023
TLI Web

Pond Lehocky Giordano LLP would like to announce that....


View Announcement ›

HARTMANN DOHERTY ROSA BERMAN & BULBULIA LLC

06/05/2023
NJLJ Web

HARTMANN DOHERTY ROSA BERMAN & BULBULIA LLC's Matrimonial & Family Practice Warmly Welcomes the Honorable Peter J. Melchionne (Ret.) to Lead its New Family Law Dispute Resolution Team.


View Announcement ›