Florida Governor Ron DeSantis has filed a motion to transfer the lawsuit against the National Civil Rights Museum from federal court to state court. The move is an attempt to avoid what he believes would be a “gross miscarriage of justice.”
The norwegian cruise stock is a Norwegian Cruise Line company that offers cruises to Europe and the Caribbean. Governor Rick Scott of Florida filed a lawsuit against Norwegian Cruise Line, stating that they should be held accountable for polluting the waters in Florida.
There has been a new development in Florida governor Ron DeSantis’ fight to prevent businesses in the state, notably cruise lines, from requiring evidence of COVID-19 immunization from consumers, which has resulted in a series of lawsuits and subsequent appeals.
Norwegian Cruise Line Holdings (NCLH) filed a lawsuit against Florida in mid-July, claiming that the state’s new legislation prohibiting companies from checking passengers’ vaccination status is unconstitutional. Now, DeSantis is attempting to have the same judge rule over the NCLH case who sided with the state in its previous lawsuit against the CDC, in the hopes of ensuring a favorable decision.
DeSantis and the state of Florida have now filed a request to transfer the case from Miami to Tampa, where Middle District of Florida Judge Steven Merryday previously agreed with the state in its lawsuit against the CDC.
The state of Florida filed a lawsuit against the CDC to prevent it from implementing its Conditional Sail Order (CSO), a regulatory structure designed to enable a safe return to cruising amid COVID-19, which Merryday’s ruling has made nonbinding inside the state.
Attorneys for NCLH told the Tampa Bay Times that because the company is headquartered in Miami and plans to resume cruising on August 15, “it is obvious that Miami (i.e., the Southern District of Florida) is the appropriate forum to adjudicate the legal violations and injuries this defendant (the state) is perpetrating upon NCLH’s (Norwegian Cruise Line Holdings’) vessels.”
The state was “forum shopping,” according to NCLH lawyers, by attempting to have the case transferred to a Tampa court and a judge who would be more likely to decide in its favor.
The lawyers stated, “[If] one specific venue were to be considered suspicious, it would be the Middle District.” “Whereas this (Miami) court is a logical option to decide this issue for undeniable and incontrovertible reasons, Florida’s decision to suit CDC in the Middle District is highly indicative (to put it mildly) of opportunistic forum shopping. Any idea that a transfer from this court to the Middle District now benefits equity is incorrect.”
The state’s lawyers claimed in a July 16 petition to transfer proceedings to a Middle District of Florida court because the case “presents the identical issue as is being addressed” in the CDC complaint.
Meanwhile, according to the Associated Press, Florida established a new state record for COVID-19 hospitalizations on Sunday. The announcement came only one day after the state reported the greatest daily number of new cases since the outbreak began. The previous high for hospitalizations in Florida was established on July 23, 2023, long before the COVID-19 vaccinations were available.