Attorneys For Javier Garcia-Bengochea File 23-Page Response To Carnival Corporation Motion To Dismiss: “… the only credibility lost is Carnival’s.”

Attorneys For Javier Garcia-Bengochea File 23-Page Response To Carnival Corporation Motion To Dismiss: “… the only credibility lost is Carnival’s.” 

“Carnival’s most recent filings attempt, unsuccessfully, to discredit and delegitimize Dr. Garcia and his family history. But the only credibility lost is Carnival’s, and the Court should deny the Motion for three reasons.  

First, Carnival submits over 500 pages of foreign evidence and multiple expert affidavits that it wishes the Court to consider in adjudicating a motion governed under the Rule 12(b)(6) standard. The Court already admonished Carnival that evidence is improper at the pleading stage. (ECF No. 41 at pp. 9-10.) The Motion should be summarily denied for this reason alone.  

Second, Carnival’s attack on Dr. Garcia’s inheritance is meritless. Carnival’s experts present an incomplete, simplistic, and misleading analysis of Costa Rican probate law. Plaintiff, in fact, inherited his claim and has standing to bring this case.  

And, third, Carnival requests the Court to construe the LIBERTAD Act, 22 U.S.C. § 6021 et seq. (the “Act”), in a manner that would both render Title III’s cause of action a nullity and require dismissal of nearly all certified claimants. This interpretation contravenes prevailing Eleventh Circuit and Supreme Court precedent, and is incompatible with Congress’ clearly expressed belief that “no court should dismiss a certification in an action brought under this title.” J. Stmt. of Comm. of Conf. for LIBERTAD Act, 142 Cong. Rec. H1645-02 at H1661. The Court should reject Carnival’s construction of 22 U.S.C. § 6082(a)(4)(B).” 

LINK To Response  

JAVIER GARCIA-BENGOCHEA V. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINE, A FOREIGN CORPORATION [1:19-cv-21725; Southern Florida District] 

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Jones Walker (defendant)
Boies Schiller Flexner LLP (defendant)
Akerman (defendant)

LINK To Case Filings