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Sherwood v. Marquette Transportation Co., LLC

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ARGUED OCTOBER 27, 2009

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

Michael Sherwood filed this suit under the Jones Act, 46 U.S.C. §§ 30101–06, and general maritime law, alleging that he suffered an injury while working as a deckhand. Defendants (collectively Bluegrass Marine, Sherwood’s employer), whose vessels ply the Mississippi River, asked the judge to stay the suit in favor of arbitration. The Federal Arbitration Act does not apply because Sherwood was a seaman, and “nothing [in the Act] shall apply to contracts of employment of seamen” and some other workers. 9 U.S.C. §1. See Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001) (discussing §1). But Bluegrass Marine did not rely on the federal Act. Instead it invoked a clause of Sherwood’s employment contract providing that all disputes will be arbitrated under the Illinois Uniform Arbitration Act, 710 ILCS 5/1 to 5/23.

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