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Carnival Corp. asked a federal judge to nix a jury trial demand by Princess Cruise passengers who say the cruise operator knowingly exposed them to coronavirus on a trip in the early days of the pandemic.
Pinning its argument on admiralty law, Carnival says that the former passengers should not get a jury trial in their class action lawsuit due to jurisdictional requirements.
“If the parties are not completely diverse, and there is no other colorable basis for federal jurisdiction, then the case is ‘cognizable only in the admiralty or maritime jurisdiction,’ and there is no right to a jury trial, even if the complaint cites diversity as a basis for jurisdiction or demands a jury,” stated the cruise operator’s brief.
A lawyer representing the plaintiffs told Law360 that the legal move by Carnival is another attempt by the cruise operator to dodge responsibility for allegedly exposing its passengers to COVID-19 .
“The many passengers that Carnival carelessly exposed to this deadly virus deserve their day in court,” she told reporters. “Whether ultimately the case is heard by a judge or a jury, we are confident that Carnival will be held accountable for the harm it caused — including deaths, severe illnesses, and life-changing exposures to this deadly virus.”
The Princess Cruise class action lawsuit was filed on behalf of more than 2,400 passengers who were allegedly exposed to the virus when Carnival continued to operate its Grand Princess ship in late February of 2020. The plaintiffs claim that the cruise operators failed to implement safety measures despite mounting evidence of the spread of the virus. In addition, Carnival and Princess allegedly hid the fact that two prior passengers had contracted COVID-19 from other passengers on the ship.
The lawsuit has been trimmed since it was originally filed in April of 2020. In September, a federal judge tossed claims that Carnival and other cruise ship operators acted negligently by failing to implement temperature checks and other safety procedures in the face of the spreading virus, instead, allowing — and even encouraging — passengers to mingle.
In addition, the plaintiffs lost their bid for Class certification due to a class action waiver in the passengers’ agreements in October.
What do you think of the Princess Cruise class action lawsuit claims? Would you consider taking a cruise? Tell us in the comment section below!
The Princess Cruise passengers are represented by Elizabeth J. Cabraser, Jonathan D. Selbin and Mark P. Chalos of Lieff Cabraser Heimann & Bernstein LLP; Mary E. Alexander and Brendan D.S. Way of Mary Alexander & Associates PC; Gretchen M. Nelson and Carlos F. Llinás Negret of Nelson & Fraenkel LLP; and Joseph G. Sauder of Sauder Schelkopf LLC.
The Princess Cruise Lines Coronavirus Class Action Lawsuit is Archer, et al. v. Carnival Corp., et al., Case No. 2:20-cv-04203, in U.S. District Court for the Central District of California.
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The risk of this “virus” is not enough to stop living. I would Cruise!