Comment by Jeremy Jones
A split in authority has developed over the enforceability of forum and venue selection clauses in Jones Act claims. While some courts hold such restrictions of a seaman's choice of forum or venue invalid and unenforceable, others find forum and venue selection clauses presumptively valid. Confusing the issue further, several courts have held that while a seaman's choice of forum is protected, and cannot be limited by a forum selection clause, the seaman's choice of venue merits no such protection. This Comment suggests that the last of these approaches—under which a seaman's choice of forum is protected, but choice of venue can be limited by contract—best embodies the congressional intent behind the Jones Act.
About the Author
Jeremy Jones. J.D. candidate 2011, Tulane University School of Law; B.A. 2008, The Evergreen State College.
Citation
85 Tul. L. Rev. 519 (2010)