The opinion
IN THE UNITED STATES DISTRICT COURT July 22, 2021
Nathan Ochsner, Clerk
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
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Nos. 3:2 1-cv-36
PLAINTIFF
ETHELEN WILLIAMS, ,
v. DEFENDANT
CARNIVAL CORPORATION D/B/A CARNIVAL CRUISE LINES, .
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MEMORANDUM OP INION AND ORDER
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UNITED STATES DISTRICT JUDGE
JEFFREY E tVhI eN lC eE nN T W BilR liO aW mN s , alleges she was injured on b. oard a Carnival cruise ship.1
After she sued in state court,2 Carnival removed.3 Based on a forum-selection
clause in the cruise ticket contract, Carnival seeks to transfer, under 28 U.S.C. §
1404(a), to the Southern District of Florida.4 The court grants the motion.
I. Background
In 2019, Williams booked a seven-day Caribbean cruise aboard the Carnival
Vista.5 Carnival then emailed Williams to tell her the cruise was “subject to the
1 Dkt. 1-2.
2 Id.
3 Dkt. 1.
4 See Dkt. 4.
5 Id. at 2.
terms and conditions set forth in the Cruise Ticket Contract.”6 Carnival re-sent the
email three more times—on March 8, April 7, and June 12, 2019—before the cruise
commenced.7 Carnival’s email included a section labeled IMPORTANT NOTES”
providing: “
Your booking is subject to the terms and conditions set forth in
Carnival’s Cruise Ticket Contract. You can access the Cruise Ticker
Contract through www.carnival.com/bookedguest. It is important for
you to read the Cruise Ticket Contract and become acquainted with
the specific conditions and limitations of your cruise, including time
limitations and the proper venue in which to file suit. You can also view
a copy of the Cruise Ticket Contract in Carnival’s website
(www.carnival .com) under the Customer Service section.8
Additionally, before the cruise, Williams was required to complete an online
check-in process.9 This provided Williams yet another chance to read the contract’s
terms and conditions.10 Checking in requires acknowledgment of the cruise ticket
contract’s terms and conditions.11 The second paragraph of the contract states:
NOTICE: THE ATTENTION OF GUEST IS ESPECIALLY DIRECTED TO
CLAUSES 1, 4, AND 11 THROUGH 14, WHICH CONTAIN
IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS TO
ASSERT CLAIMS A GAINST CARNIVAL CRUISE LINE, THE VESSEL,
6 Id. at 3.
7 Id.
8 Id.
9 Id.
10 Id.
11 Id.
THEIR AGENTS AND EMPLOYEES AND OTHERS, INCLUDING
12
On JunF eO 1R 4U , 2M 0 1S 9E ,L WEC ilT liaIO mN s … com pleted the check-in process.13
The next day, Williams alleges that while aboard the Carnival Vista, the
“closet door of the cabin” fell on top of her, and she sustained “serious head and
back injuries.”14 Williams claims that Carnival’s negligence caused her injuries.15
II. Analysis
A. The forum-selection clause is valid.
Before the court can decide whether to transfer, it must decide whether the
forum-selection clause is valid and enforceable.16 Williams lists four reasons why
the clause is invalid: (1) it’s hidden in clickwrap;17 (2) it couldn’t be rejected without
incurring a penalty;18 (3) it violates § 30509 of the Shipping Code;19 and (4) it’s
unconscionable.20
12 Id. at 4.
13 Id.
14 Dkt. 1-2, ¶ 5.
15 Id.
16 Cline v. Carnival Corp., No. 3:13-CV-1090-B, 2014 WL 550738, at *2, 2014 A.M.C.
1038 (N.D. Tex., Feb. 12, 2014).
17 Dkt. 14 at 5-6.
18 Id. at 6-7.
19 Id. at 8-9.
20 Id. at 7-8.
This court has already considered and rejected the first three arguments.21 It
will not revisit them now. And the clause is not unconscionable. Under Texas law,
proving unconscionability presents a “‘high threshold’ per a ‘strong policy favoring
the freedom of contract.’”22 Williams has not cleared that threshold. The forum-
selection clause is valid and enforceable.
B. The public-interest factors.
Having found the clause valid, the court next decides whether to enforce it
under the analytical framework set out in the Atlantic Marine case.23 Under Atlantic
Marine, courts considering a § 1404 motion to transfer in the face of a valid forum-
selection clause must confine their analysis to certain public-interest factors.24
Those factors are “(1) administrative difficulties related to court congestion; (2) the
local interest in deciding the controversy; (3) the familiarity of the forum with the
21 See Guerra v. Carnival Corp., No. G-14-029, 2015 WL 13776792, at *3-4, (S.D.
Tex. Jan. 27, 2015) (Froeschner, M.J.), adopted by 2015 WL 13776793 (S.D. Tex. Feb. 17,
2015). Williams apparently did not come across this case, as she fails to refer to it in her
response to the motion to transfer.
22 Pizza Inn, Inc. v. Clairday, 979 F.3d 1064, 1068 (5th Cir.2020) (quoting Besteman
v. Pitcock, 272 S.W.3d 777, 787 (Tex. App.—Texarkana 2008, no pet.).
23 Cline, 2014 WL 550738, at *2 (citing Atl. Marine Constr. Co. v. U.S. Dist. Court for
the W. Dist. of Tex., 571 U.S. 49 (2013)).
24 Guerra, 2015 WL 13776792, at *4. “In particular, the Supreme Court instructed
lower courts to give ‘no weight’ to the plaintiff’s choice of forum or to arguments about
the parties’ private interests.” Id. (quoting Atlantic Marine, 571 U.S. at 63). Williams
must’ve missed that part of the opinion, as she argues that “some weight must be given
to the [plaintiff’s] chosen forum” and “this issue strongly favors refusal of transfer.” Dkt.
14 at 4-5.
applicable law; and (4) the avoidance of unnecessary conflict[-]of[-]laws
problems.”25
Applying these factors to this case does not compel the court to deny the
motion:
• First, both the Southern District of Florida and the Southern District of Texas
are busy courts.
• Second, Galveston does indeed have an interest in addressing personal
injuries that occur on the cruise ships calling on its port. But Miami also has
an interest in ensuring that Carnival, which is headquartered there, operates
safely.
• Third, both courts are equally able to apply the maritime law of the United
States, which Carnival insists will apply in this case. But even if Texas law
applies, the Supreme Court has acknowledged that “federal judges routinely
apply the law of a State other than the State in which they sit.”26 (Also, Texas
tort law is not that complicated.)
• Fourth, Williams has identified no true potential conflicts-of-laws problems.
She’s worried that the Florida court will either not hear her claims under the
25 Id. at *4 n. 6.
26 Atlantic Marine, 571 U.S. at 67.
Texas Deceptive Trade Practices Act or, if it does, will misapply the law.27 But
this court has little doubt that the Florida court will apply the right law
correctly.
The Supreme Court has noted that applying these factors “will rarely defeat
a transfer motion” and “forum-selection clauses should control except in unusual
cases.”28 This is not one of those unusual cases.
* * *
The court grants Carnival’s motion to transfer venue (Dkt. 4). This case is
hereby transferred to the Miami Division of the United States District Court for the
Southern District of Florida. The clerk is directed to transmit the case file to the
clerk of that court.
Signed on Galveston Island on this the 22nd day of July, 2021.
________________________
JEFFREY VINCENT BROWN
UNITED STATES DISTRICT JUDGE
27 Dkt. 14 at 4.
28 Atlantic Marine, 571 U.S. at 64.