The cruise line filed a motion to dismiss for lack of personal jurisdiction, based on the forum selection clause.

1291, asserting that the cruise line would have to wait until the case was decided before filing any appeals.

[3] The Supreme Court was asked to decide whether a party can bring an interlocutory appeal against dismissal of a motion for lack of personal jurisdiction based on the existence of a forum selection clause.

The defendants argued that this fell under the judge-made collateral order doctrine, which allows immediate appeals of rulings that are collateral to the merits of the case, would determine it conclusively, and would not be effectively reviewable unless an immediate appeal were allowed.

The Court, in a unanimous opinion by Justice Brennan, held that the collateral order doctrine does not apply to a forum selection clause.