Submitted by rose on Wed, 2018-01-24 10:41
The Defendants’ motion to dismiss (ECF No. 30) is GRANTED in part and DENIED in part. The Plaintiffs’ motion for preliminary injunction (ECF No. 8) is GRANTED in part.  The Magistrate Judge’s Report and Recommendation (ECF No. 61) is ADOPTED in part and
MODIFIED in part

Ninth Circuit Opinion, Case #:  15-16881

Submitted by DCGadmin on Fri, 2017-12-22 10:12
Appeal from the District Court of Guam (case 13-cv-00015), Frances Tydingco-Gatewood, Chief District Judge, Presiding.

The Ninth Circuit panel AFFIRMED the district court’s order denying a motion to compel arbitration in a maritime action arising from the death of a seaman in the sinking of a fishing vessel.

A defendant sought arbitration based on an employment agreement between the seaman and the vessel’s owner. Pursuant to a contract with the owner, the defendant supplied the vessel’s crew and supervised its repairs and maintenance.