11th Circ. Revives Passengers' Hurricane Harvey Cruise Suit

By Melissa Angell (July 27, 2021, 10:02 PM EDT) -- The Eleventh Circuit on Tuesday reversed a lower court's decision to ax a proposed class action accusing Royal Caribbean of endangering passengers when it didn't cancel a cruise as Hurricane Harvey approached Texas, finding that a lower court failed to signal to the passengers its intent to address diversity jurisdiction.

In an 11-page published opinion, a three-judge panel unanimously ruled that a lower court got it wrong when it had decided on its own accord that the cruise passengers could not meet the $75,000 amount-in-controversy requirement needed to establish diversity jurisdiction.

Though the panel recognized that federal courts have independent duties...

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