Legal Opinion

Lunday v. Carnival Corp.

District Court, S.D. Texas

Decided January 23, 2004No. CIV.A.G-03-835PublishedCited by 2 opinions

1Opinion of the Court

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

KENT, District Judge.

This maritime personal injury action arises out of alleged injuries incurred by Plaintiff Barbara Lunday (“Plaintiff’) during disembarkation from a vessel owned and operated by Defendant Carnival Cruise Lines, Inc. (“Carnival” or “Defendant”). Now before the Court comes Carnival’s Motion to Dismiss Under Fed. R.Civ.P. 12(b)(3) and (6); Motion to Dismiss as Time Barred Under Contractual Agreement or, in the Alternative, to Transfer Under 28 U.S.C. 1404(a), and/or 1406(a). For the reasons discussed below, Defendant’s Motion to…

2Cases cited8 opinions

  1. Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991
  2. Marek, Harriet and Marek, Samuel Husband and Wife v. Marpan Two, Inc. And Bahama Cruise Line, IncCourt of Appeals for the Third Circuit · 1987
  3. Ralph Carpenter v. Klosters Rederi A/s, a Foreign Corporation, D/B/A Norwegian Caribbean LinesCourt of Appeals for the Fifth Circuit · 1979
  4. Foster v. Cunard White Star, Ltd.Court of Appeals for the Second Circuit · 1941
  5. Baron v. Compagnie Generale TransatlantiqueCourt of Appeals for the Second Circuit · 1939

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Davis v. Valsamis, Inc.District Court, S.D. Texas · 2016
  2. Jackson v. World Wrestling Entertainment IncDistrict Court, N.D. Texas · 2023

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