Maughon v Carnival Corporation Class Action Case Status Update

Maughon, et al. vs. Carnival Corporation

Case #09-15890-GG

United States Circuit Court of Appeals for the 11th Circuit

In May 2009, 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 a portion of nearly 50,000 passengers’ cruise fare payments due to changes in the cruise’s itineraries of seventeen (17) different Carnival ships which included visits to various ports in Mexico City.  Carnival allegedly justifies these itinerary changes on their belief that the United States Center for Disease Control (CDC) restricted travel to Mexico during the height of the Swine Flu outbreak in Mexico City.

In December 2009, the court granted Carnival’s motion to compel arbitration in accordance with the terms and conditions of its passage contract which mandates arbitration.  Campbell Law and its co-counsel have taken an appeal of this order on the basis that the class action waiver clause is unenforceable when passengers seek damages pursuant to Florida’s Deceptive and Unfair Trade Practices Act, thereby invalidating mandatory arbitration clause.  This appeal has been on file in the United States 11th Circuit Court of Appeals since November 2009 and further has been stayed by the court pending resolution of another consumer case involving the same legal issues.

Campbell Law believes it will prevail on appeal allowing this case to be back on track by the end of Summer 2011.  Please check back for additional updates.