Our class action defense practice provides effective, comprehensive, and multifaceted legal representation to major corporations, smaller businesses, institutions, and individuals faced with defending class action litigation.

Class actions can pose enormous risk to a business. Since each one is unique, boilerplate approaches to their defense rarely succeed. Maltzman Foreman attorneys have extensive experience in class action litigation and aggressively and creatively defend worldwide, nationwide, and statewide class actions. Our class action defense practice provides effective, comprehensive, and multifaceted legal representation to major corporations, smaller businesses, institutions and individuals faced with defending class action litigation.
The attorneys within the class action defense practice have extensive experience litigating class action cases in state and federal courts throughout the country.

Our representation encompasses a broad array of substantive legal issues, including claims for unfair and deceptive trade practices, violations of the Americans with Disabilities Act, fraud and advertising claims, employment practices, consumer sales practices, and advertising claims.

Our class action defense practice is also geared to provide advice and counsel to the Firm’s clients on matters relating to class action avoidance and emerging trends in class action and complex litigation. Some of the class actions our attorneys have defended include:

Gagliano v. Carnival Cruise Lines, 11th Judicial Circuit in and for Miami-Dade County, 2005.  Successfully defeated class certification in mass casualty resulting from train wreck in Panama.

Sun v. Norwegian Cruise Line, Case No. 02-19071-CA-15 (11th Judicial Circuit in and for Miami-Dade County 2004).  Class certification denied in crewmember maintenance and cure claim.

Zagone v. Carnival Cruise Line, Case No. 02-22927-CA-01 (11th Judicial Circuit in and for Miami-Dade County 2004).  Final Summary Judgment granted in class action based upon breach of contract.

Elliott v. Carnival Cruise Line, Case No. 02-23253-CIV (S.D. Fla. 2004).  Class certification denied for passengers who sought refunds for the breakdown of the vessel.

Elliott v. Carnival Cruise Line, Case No. 02-23622-CIV (S.D. Fla. 2004). Consolidated action requesting refunds for the breakdown of the vessel. Settled on very favorable terms.

Norwegian Cruise Line v. Rose, 784 So. 2d 1248 (Fla. 3d DCA 2001).  Appellate court decertified Norwalk virus class action for three successive cruises.

Rose v. Norwegian Cruise Line, 825 So. 2d 342 (Fla. 2002).  Supreme Court determined that jurisdiction on Norwalk virus class action was improvidently granted and Third District decision stands.

Pollack v. Norwegian Cruise Line, Case No. 908-00621-CIV (S.D. Florida 2001).  Norwalk virus class action decertified.

Hutton v. Norwegian Cruise Line, Case No. 99-2383-CIV-Moreno (S.D. Florida 2000).  Class certification denied for passengers who brought emotional distress and personal injury claims after collision in the English Channel.

Stewart v. Norwegian Cruise Line, Case No. 99-2383-CIV-Moreno (S.D. Florida 2001).  Class certification denied for passengers who brought emotional distress and personal injury claims after collision in the English Channel.

Stewart v. Norwegian Cruise Line, Case No. 01-1436-CIV (S.D. Fla. 2002).  Denials of class certification in Hutton and Stewart matters affirmed.

Lee v. Norwegian Cruise Line, Case No. 99-03242-CIV-Middlebrooks (S.D. Florida 2000).  Class certification denied in crew member wage claim.

Gall v. Princess Cruise Lines Ltd., (S.D. Florida 2005).  Defended cruise line in penalty wage class action claim.

Pinto v. Princess Cruise Lines Ltd., (S.D. Florida 2006)  Defended cruise line in penalty wage class action claim.

Cortijo et al. v. Royal Caribbean Cruise Line, Case No. 99-03300-CIV-Marra (S.D. Florida 2002).  Consolidated action on behalf of passengers bringing personal injury and mental distress claims based upon vessel grounding settled on very favorable terms.

Samofal v. Royal Caribbean Cruises, Ltd., Case No. 99-14275-CA-01 (2002) Eleventh Judicial Circuit in and for Miami-Dade County.  Class action for emotional distress and personal injuries based upon vessel grounding dismissed.

Americans with Disabilities Act Class Action Litigation

Access Now v. Holland-America and Costa Crociere SpA., 147 F. Supp. 2d 1311 (S.D. Fla. 2001) and 147 F. Supp. 2d 1309 (S.D. Fla. 2001).  Defended two major cruise lines in related ADA class action compliance litigation.

United States of America v. Norwegian Cruise Line, Case No. 01-00244-CIV-King (S.D. Fla. 2001).  ADA violation claim brought by the Department of Justice wherein a favorable settlement was achieved.

United States v. Norwegian Cruise Line, Ltd., 2004 U.S. Dist. Lexis 22585 (May 24, 2004 S.D. Fla.).  Department of Justice’s Motion for Order to Show Cause as to why cruise line should not be held in contempt denied.

 

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