Mirro v. Freedom Boat Club, LLC
Freedom Boat Club filed a federal limitation of liability action seeking exoneration from liability for Mirro's boating injury, opposed her claim with substantive objections, and only asserted arbitration after she later sued in state court. The Second DCA reversed the order compelling arbitration, holding that under the totality of the circumstances Freedom acted inconsistently with, and thereby waived, its arbitration right.
Key facts
- Mirro suffered a boating injury and became a claimant against Freedom Boat Club, LLC, which operates a boat club.
- Freedom Boat Club filed a federal Limitation of Shipowners' Liability Act action seeking exoneration from liability and an injunction, then filed substantive objections to Mirro's claims without invoking arbitration.
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Why it matters
This is the first Florida appellate decision to address whether litigation conduct in a federal admiralty limitation of liability proceeding waives a contractual arbitration right, rejecting the argument that the… — full analysis with a trial
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