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United States Seventh Circuit


Sherwood v. Marquette Transp. Co., LLC, 09-2045

In plaintiff's suit against his employer under the Jones Act and general maritime law for injuries he suffered while working as a deckhand, defendant-employer's appeal of a district court's denial of its motion to stay the suit in favor of arbitration is dismissed for lack of jurisdiction under 9 U.S.C. section 16(a)(1)(A) as: 1) section 16 is part of the Federal Arbitration Act, and as such, under the language of section 1, does not apply to any employment contract involving a seaman; and 2) section also is inapplicable, and defendant's motion for a stay did not rely on it.

Appellate Information

  • Argued 10/27/2009
  • Decided 11/23/2009
  • Published 11/23/2009

Judges

  • EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Marc W. Parker, Attorney, Gail G. Renshaw, Attorney (argued), Lakin Law Firm, Wood River, IL, for Plaintiff-Appellee., Ronald E. Fox, Attorney, Fox Galvin, St. Louis, MO, Theodore Hunt Lucas, Attorney, Fox Galvin, St. Louis, MO, Armin J. Moeller, Jr., Attorney (argued), Balch & Bingham LLP, Jackson, MS, for Defendants-Appellants.
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