11th Cir. Upholds Dismissal of COVID-19 Negligence Action Against Cruise Line

ATLANTA — A federal appeals panel has upheld dismissal of a lawsuit alleging an Italian cruise operator and its American subsidiary negligently allowed COVID-19 to infect their ship during a 2020 transatlantic voyage, ruling that the case must be tried in Italy.

In an Aug. 19 published opinion, an 11th Circuit U.S. Court of Appeals panel affirmed that the ticket contract’s forum selection clause, which requires litigation in Italy, is valid and enforceable.

Wisconsin resident Paul Turner alleged Costa Crociere S.p.A. and its American subsidiary, Costa Cruise Lines Inc.’s negligence contributed to an outbreak of COVID-19 on their ship, …