In a recent decision from the 11th Circuit Court of Appeals, Alberts v. Royal Caribbean Cruises, 2016 U.S. App. LEXIS 15502 (5th Cir. 2016), reflecting the pro-arbitration philosophy of the courts, seamen have been given yet another big setback in the pursuit of their right to a jury trial granted to them by the United States statute, the Jones act, 46 U.S.C. § 30104.
The case of Alberts v. Royal Caribbean Cruises involved a crew member working for Royal Caribbean Cruise lines, a Miami-based cruise ship company, who was a United States citizen and resident. There are not many United States citizens working aboard these foreign-flagged cruise ship companies. The crew member brought a case against the cruise line company pursuant to the Jones Act, which allows an employee to sue his or her employer for negligence. The Jones Act is a special grant of a party by Congress, enacted in 1920 to help protect workers on ships due to the unique nature of their employment.