Carnival Destiny Cruise Case Status Update

Flott, et al. vs. Carnival Corporation

Case #CV-10-20441-JEM

United States District Court for the Southern District of Florida

In February 2010, Campbell Law, as co-counsel with one other Florida law firm, filed a class action lawsuit against Carnival Cruise Lines in the United States District Court for the Southern District of Florida, Miami Division.  This class action lawsuit seeks to recover cruise fare payments as a result of the failure of the Carnival Cruise Ship Destiny’s propulsion system during a mid-January 2010 cruise to various Caribbean ports.

The class action lawsuit centers on the belief that Carnival was aware of damage to the Destiny’s propulsion unit which occurred during an accidental grounding six (6) months earlier.  Shortly after filing the lawsuit, the parties agreed to jointly stay the case pending the resolution of an appeal already pending in the United States 11th Circuit Court of Appeals involving a similar legal issue concerning class action waivers, mandatory arbitration and Florida’s Deceptive and Unfair Trade Practices Act.

Campbell Law anticipates that these issues and the related 11th Circuit Court of Appeals case will be resolved by the end of Summer, 2011.  Please check back for additional updates.