Otlman v. Holland America

Outcome: Successful Decision in 9th Circuit

Description: the Appeal to the 9th Circuit involved a number of issues relating to a forum selection clause contained in the passenger ticket (and a shortened statute of limitations), but the crucial issue resulting in reversal of the federal trial court (W.D. WA) was the doctrine of equitable estoppel. The Plaintiffs had first filed in state court and then re-filed in federal court. Although more than one year had passed since the injury on the cruise ship (and therefore under the shortened contractual statute of limitations), the plaintiffs were techinically barred from re-filing, the doctrine of equitable estoppel was applied to toll the statute of limitations and permit the Plaintiff Oltmans to have their day in court.