Case: 14-11241 Date Filed: 11/26/2014 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-11241
Non-Argument Calendar
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D.C. Docket No. 0:13-cv-61720-RNS
ELVIS MUELLER CRISTY,
Plaintiff – Appellant,
versus
MSC MEDITERRANEAN SHIPPING COMPANY SA.,
MSC CRUISES (USA), INC.,
MSC CROCIERE, S.A.
Defendants – Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
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(November 26, 2014)
Before TJOFLAT, JORDAN, and COX, Circuit Judges.
PER CURIAM:
Case: 14-11241 Date Filed: 11/26/2014 Page: 2 of 3
This case arises out of a number of injuries that Plaintiff, Elvis Cristy,
allegedly suffered while employed by Defendants, MSC Mediterranean Shipping
Company SA., MSC Cruises (USA), Inc., and MSC Crociere, S.A. The district
court granted Defendants’ motion to compel arbitration, and Plaintiff appealed.
The Plaintiff presents two issues on appeal. First, Plaintiff contends that the
arbitration agreement is void as against public policy. Second, Plaintiff contends
that, in holding that Plaintiff may not raise a public policy defense at the motion to
compel arbitration stage, the district court failed to follow Thomas v. Carnival
Corp., 573 F.3d 1113 (11th Cir. 2009), and, in so doing, failed to follow the prior
precedent rule.
The district court properly rejected Plaintiff’s argument that the agreement is
void as against public policy, holding, in a well-reasoned opinion, that “the litigant
must assert the defense after the arbitration has concluded.” (Dist. Court Order,
Doc. 23 at 3).
In reaching this holding, the district court properly rejected the Plaintiff’s
second contention—that the district court should have followed Thomas. As the
district court properly recognized, (Dist. Court Order at 3), Thomas is inconsistent
with our previous decision in Bautista v. Star Cruises, 396 F.3d 1289 (11th Cir.
2005).
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Case: 14-11241 Date Filed: 11/26/2014 Page: 3 of 3
For the foregoing reasons, the district court’s order compelling arbitration is
affirmed.
AFFIRMED
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