United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED July 17, 2024 No. 23-30305 Lyle W. Cayce ____________ Clerk Marek Matthews,

Plaintiff—Appellant,

versus Tidewater, Incorporated; Tidewater Crewing, Limited,

Defendants—Appellees. ______________________________

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:21-CV-1530 ______________________________ Before Barksdale, Southwick, and Graves, Circuit Judges. Leslie H. Southwick, Circuit Judge: Plaintiff Marek Matthews alleges that, during the course of his employment with the two Defendants, he was exposed to toxic chemicals resulting in end-stage renal failure, stage IV cancer, and other injuries. The district court found Matthews’s employment contract contained a valid and enforceable forum-selection clause requiring litigation in England. The court accordingly dismissed the case on forum non conveniens grounds. We AFFIRM. Case: 23-30305 Document: 74-1 Page: 2 Date Filed: 07/17/2024

No. 23-30305

FACTUAL AND PROCEDURAL BACKGROUND This suit stems from injuries Matthews sustained while working as a seaman and captain for Tidewater Crewing, Ltd., on offshore supply vessels allegedly managed by Tidewater, Inc. (collectively, “Defendants” or “Tidewater”). Tidewater, Inc., is incorporated in Delaware, and its principal place of business is in Texas. Tidewater Crewing, Ltd., is incorporated and maintains its principal place of business in the Cayman Islands. Although Matthews previously resided in Honduras, he was approved in 2007 for permanent residency in the United States and is a Florida resident. From the start of his employment in 1982 until 2016, Matthews alleges he suffered various injuries while working on Tidewater’s assignments in the Red Sea. Specifically, Matthews contended he was exposed to hazardous chemicals such as benzene, xylene, and methanol on Tidewater’s supply vessels. According to Matthews, Tidewater did not provide him with any means of protection from the alleged chemical exposure. Among other alleged injuries, Matthews sustained end-stage renal disease, kidney failure, and prostate cancer. Before departing on any months-long shift, Matthews would sign a “Working Agreement” that governed the terms of his employment with Tidewater. The Working Agreement required that any dispute arising out of Matthews’s employment with Tidewater be litigated in the High Court of Justice in London, England. In February 2021, Matthews and other plaintiffs filed suit against Tidewater in Louisiana state court 1 alleging various claims of negligence,

_____________________ 1 The plaintiffs originally sued Tidewater, Inc., Tidewater Crewing, Ltd., Tidewater Marine International, Inc., and Tidewater Marine LLC. When the federal

2 Case: 23-30305 Document: 74-1 Page: 3 Date Filed: 07/17/2024

No. 23-30305

unseaworthiness, maintenance and cure, and damages under the Jones Act, 46 U.S.C. § 30104, and United States general maritime law. In August 2021, Tidewater removed the suit to the United States District Court for the Eastern District of Louisiana. In October 2021,