United States Second Circuit
Harrington v. Atlantic Sounding Co., 07-4272
In a personal injury action arising out of injuries sustained by plaintiff-seaman, the district court's order denying defendants' motion to dismiss or, in the alternative, to stay the district court action and compel arbitration, is vacated where section 6 of the Federal Employer's Liability Act did not apply to seamen's arbitration agreements, and thus the arbitration agreement was not unenforceable as a matter of law, and the district court's finding that the arbitration agreement was unenforceable due to unconscionability was erroneous.
Appellate Information
- Decided 04/16/2010
- Published 04/16/2010
Judges
Court
- United States Second Circuit