SeaWorld Ticket Holders Ask Court Not to Dismiss Amended Class Action

In a class action lawsuit alleging SeaWorld lied to ticket holders about how it treated its orcas, plaintiffs have asked a federal court judge not to dismiss the claims brought in their third amended complaint.

The lead plaintiffs are fighting SeaWorld’s motion to dismiss their most recent class action complaint arguing that they properly pled their claims in front of a federal judge earlier in the litigation when the judge considered their second amended complaint.

The plaintiffs also argued that SeaWorld was attempting to hang up the class action lawsuit by bringing “phantom” technicalities and “meritless legal arguments” that they could have brought up at an earlier stage in the litigation.

“This court has already ruled that plaintiff Kelly Nelson sufficiently alleged her California Consumers Legal Remedies Act claim and that plaintiff Juliette Morizur may proceed with her claim under the ‘unfair’ prong of the California Unfair Competition Law,” the plaintiffs say. “Yet, in an apparent attempt to get a second bite at the apple, SeaWorld brings this motion to dismiss those claims.”

SeaWorld has successfully argued that a number of claims should be dismissed from the class action. U.S. District Court Judge Jeffrey White did dismiss a number of claims from the plaintiffs’ second amendment complaint.

Specifically, Judge White dismissed the class action California Consumer Legal Remedies Act (CLRA) claims about Shamu plush toys.

The plaintiffs claimed that the Shamu stuffed animals were symbolic of precious SeaWorld memories; however, the judge determined that the plaintiffs had not relied on that symbolic meaning when purchasing the toys and tossed the related CLRA claims.

Judge White also dismissed class action claims that SeaWorld conducted a lengthy and misleading marketing campaign that falsely stated that orcas are not harmed by being in captivity.

In June 2015, the plaintiffs fought removal of the class action from California to Florida arguing that none of the class action lawsuits that are a part of the SeaWorld MDL in California were pending in the Middle District of Florida.

The plaintiffs are bringing claims under the CLRA, Unfair Competition Law, and California’s False Advertising Law.

The proposed Class are represented by Christine Saunders Haskett, Tracy O. Zinsou, Udit Sood and Lindsey Barnhart of Covington & Burling LLP.

The SeaWorld Orca Mistreatment Class Action Lawsuit is Anderson, et al. v. SeaWorld Parks and Entertainment, Case No. 4:15-cv-02172, in the U.S. District Court for the Northern District of California.