HM&B Secures Full Dismissal of Shore Excursion Operators for Lack of Personal Jurisdiction

Mabs, et. al. v. Vacation & Tour Consultants, et. al. No. 1:19-cv-20144, D.E. 72 (S.D. Fla. July 31, 2019)(Cooke, J.)

HM&B Secures Full Dismissal of Shore Excursion Operators for Lack of Personal Jurisdiction

Two Celebrity Cruises passengers and their spouses filed suit against several entities for injuries they alleged occurred during a zip lining shore excursion in St. Kitts.  Following oral arguments, HMB secured the full dismissal of the entity that contracted with the cruise line to provide the excursion and the entity that operated it as a subcontractor. HMB had also represented the entity that constructed the zip line, which Plaintiff voluntarily dismissed shortly after HMB filed its motion to dismiss.

HMB partner, Carlos J. Chardon, handled the matter on behalf of all the entities, briefed the motions to dismiss and presented oral arguments on their behalf. U.S. District Court Judge, Marcia Cooke granted the motions in full and dismissed HMB’s clients with prejudice. She also denied Plaintiffs’ motion for jurisdictional discovery. Plaintiffs argued, among other things, that they could subject HMB’s clients to personal jurisdiction in Florida by enforcing the Florida forum selection provision in the agreement between one of the entities and the cruise line. Although Plaintiffs’ were not parties to the agreement they argued they could enforce it as third-party beneficiaries.  Judge Cooke agreed with HMB’s arguments, which were supported by several decisions that Mr. Chardon had previously secured for other foreign shore excursions operators challenging personal jurisdiction and cruises lines that had challenged similar third party beneficiary claims. See e.g. Wolf v. Original Canopy Tour, et.al., 683 Fed. Appx. 786 (11th Cir. 2017); Carmouche v. Tamborlee Mgmt., Inc., 789 F.3d 120 (11th Cir. 2015); Chimene v. MC Tours, et. al. 2017 WL 1536055 (S.D. Fla. Apr. 5, 2017) (Moreno, J.); Zapata v. Royal Caribbean Cruises, Ltd., 2013 U.S. Dist. LEXIS 43487 (S.D. Fla. Mar. 27, 2013) (Cooke, J.); Gayou v. Celebrity Cruises, Inc., 2012 U.S. Dist. LEXIS 77536 (S.D. Fla. June 5, 2012)(Scola, J.); Doria v. Royal Caribbean Cruises, Ltd., 2019 U.S. Dist. LEXIS 104354 (S.D. Fla. June 19, 2019)(Williams, J.)