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ARTICLE · 15 SEPTEMBER 2021

Eleventh Circuit Enforces Cruise Line's Forum Selection Clause

Ballard Spahr LLP
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On August 19, 2021, a panel of the Eleventh Circuit affirmed a district court dismissal of a putative class action filed by a cruise ship passenger against cruise ship operators for the...

United StatesTransport
Katie Matison
Katie Matison
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On August 19, 2021, a panel of the Eleventh Circuit affirmed a district court dismissal of a putative class action filed by a cruise ship passenger against cruise ship operators for the alleged negligent failure to warn passengers of the danger of COVID-19, misleading advertisement, negligent infliction of emotional distress, and the intentional dismissal of emotional distress based upon the forum selection clause in the cruise contract. In Turner, on his own behalf and on behalf of others similarly situated passengers aboard the Costa Luminosa v. Costa Crociere S.P.A., Costa Cruise Lines, Inc., 2021 WL 3673727, __F.3d__ (11th Cir. 2021), the Panel held that Section 2(a) of the General Conditions of Passage Ticket Contract (the "Contract") required all passengers to file any suit arising out of the cruise in Genoa, Italy.

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