Arcadin Rodrigues vs Royal Caribbean Cruises LTD

10-12684Court of Appeals for the Eleventh CircuitFeb 11, 2011

Full text

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
FEBRUARY 11, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 10-12684
Non-Argument Calendar
________________________
D.C. Docket No. 1:10-cv-20422-UU
ARCADIN RODRIGUES,
Plaintiff-Appelllant,
versus
ROYAL CARIBBEAN CRUISES LTD.,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(February 11, 2011)
Before BARKETT, MARCUS and COX, Circuit Judges.
PER CURIAM:
Arcadin Rodrigues, a citizen of India, appeals the district court’s judgment
dismissing his civil action and requiring that he proceed to arbitrate his claims against
Royal Carribean Cruises, Ltd.

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Rodrigues challenges on this appeal the district court’s order requiring
arbitration, presenting the following arguments: first, the arbitration agreement is
void as against public policy because it forecloses Rodrigues’s statutory claims under
the Jones Act and the Wage Act; second, the arbitration agreement at issue does not
meet the standards required for enforcing it; third, the forum selection clause is void
as against public policy; fourth, and lastly, Rodrigues contends he cannot
contractually waive his judicial remedy for maintenance and cure.
The fourth argument was not presented to the district court and we decline to
address it here. See Access Now, Inc. v. Southwest Airlines Co., 385 F.3d 1324, 1331-
32 (11th Cir. 2004).
The first three arguments Rodrigues presents were presented to the district
court and properly considered and rejected in the district court’s opinion. (R.2-29 at
7-9.) We affirm for the reasons stated by the district court.
AFFIRMED.
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