Royal Caribbean Cruises Ltd. v. Ean-Hui Ooi
An Australian cruise passenger injured in the White Island volcano eruption sued Royal Caribbean in Miami; Royal Caribbean moved to dismiss for improper venue under a forum selection clause in a passenger ticket contract between the plaintiff and RCL, a separate UK affiliate. The Third DCA affirmed denial of the motion without an evidentiary hearing, holding the clause unambiguously bound only its signatories (RCL and the passenger) and that Royal Caribbean's affidavits raised no relevant factual dispute. The court also held Royal Caribbean waived its non-signatory-enforcement theory by not raising it below.
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