Federal Judge Grants NCL Preliminary Injunction v Florida

[coldflame]

A Judge just delivered a twofer ruling against FL. First, it granted NCL's preliminary injunction, which allows them to require vaccines in sailings from FL. Secondly denies FL to move the case to Mid-Florida district where it had found friendly ears in its case against the CDC.

 

Preliminary injuction: Order on Motion for Preliminary Injunction – #43 in Norwegian Cruise Line Holdings Ltd v. Rivkees, M.D. (S.D. Fla., 1:21-cv-22492) – CourtListener.com

 

Order Denying FL request to move the case: Order on Expedited Motion – #44 in Norwegian Cruise Line Holdings Ltd v. Rivkees, M.D. (S.D. Fla., 1:21-cv-22492) – CourtListener.com

Edited August 9, 2021 by Host Michell
Corrected spelling in title for clarity

[jrapps]

WOW. Reading it now...Does the injunction apply only to NCL, or the entire cruise industry?

[Sunshine3601]

Surprised the Judge is working on a Sunday.

[time4u2go]

Good.

[Mikew0805]

Excellent!

 

[ONECRUISER]

Only Guarantees are what is today will change, Testing, Masking, Vaccines. Yesterday, last week, nope, today changes and will again. At some point all will be gone and a distant memory

[coldflame]

38 minutes ago, ONECRUISER said:

Only Guarantees are what is today will change, Testing, Masking, Vaccines. Yesterday, last week, nope, today changes and will again. At some point all will be gone and a distant memory

 

I fully expect FL will appeal tomorrow AM. But we'll see.

[coldflame]

1 hour ago, jrapps said:

WOW. Reading it now...Does the injunction apply only to NCL, or the entire cruise industry?

 

They are the only party in the suit, however, other cruise lines could use the ruling as proxy/precedent, should they choose to require proof of vaccination -- which at this time isn't clear who will require it given "mixed age" audiences.

[jrapps]

3 minutes ago, coldflame said:

 

They are the only party in the suit, however, other cruise lines could use the ruling as proxy/precedent, should they choose to require proof of vaccination -- which at this time isn't clear who will require it given "mixed age" audiences.

I can see other lines joining the suit, or as you say using it as proxy, to at a minimum require vaccinations for 12+. They don't have to follow NCL in requiring it for 100% of the guests.

[smokeybandit]

It should apply to all cruise lines since nothing in the ruling specified the scope like Merryday did in FL vs CDC

[jrapps]

4 minutes ago, smokeybandit said:

It should apply to all cruise lines since nothing in the ruling specified the scope like Merryday did in FL vs CDC

I guess we will see if in the next week or so we see any new vaccine requirements from other cruise lines. 

 

I can see Royal using this to simplify rules from FL, especially ships that go to St. Thomas. So much easier to say vaccines required on the Allure instead of saying vax required only on specific sailings.

 

[smokeybandit]

Actually if taken literally, the motion is only specific to RCL, not any other cruise line

[Host Jazzbeau]

16 minutes ago, smokeybandit said:

Actually if taken literally, the motion is only specific to RCL, not any other cruise line

Plaintiff is NCLH, which the opinion expressly states includes NCL, Regent and Oceania.

[bajathree]

4 hours ago, jrapps said:

WOW. Reading it now...Does the injunction apply only to NCL, or the entire cruise industry?

Cruise industry

[PhoenixCruiser]

Great news!

[emeraldcity]

If this holds up, I'll be looking to book something on NCL. I have two cruise certificates burning a hole in my pocket.

 

[shutterbug63]

This is absolutely fabulous news and the right decision as far as I'm concerned.  I hope this lawsuit is successful and sets a precedent.  I'd sure feel a lot safer sailing on Oasis in January if it was a requirement. If not I may be jumping ship to NCL if they sail 100% vaxxed.

[whyrlygig]

This is FANTASTIC news!

[puppycanducruise]

Thanks for the info.

[firefly333]

2 hours ago, shutterbug63 said:

This is absolutely fabulous news and the right decision as far as I'm concerned.  I hope this lawsuit is successful and sets a precedent.  I'd sure feel a lot safer sailing on Oasis in January if it was a requirement. If not I may be jumping ship to NCL if they sail 100% vaxxed.

Rcl choose to do unvaccinated right now when they could easily have cut back on unvaccinated.  I dont see why people assume rcl will cut off unvaccinated later on. They could do it right now if they wanted to. 

 

I dont understand why they arent doing vaccinated right now.

[TheHawk1]

Kudos to NCL for taking on Florida.  Too bad RCL didn't have the same gumption.  Instead, they're sitting on the fence, trying to appease everyone with multiple health protocols instead of just one... get vaccinated or don''t cruise.

[George C]

16 minutes ago, TheHawk1 said:

Kudos to NCL for taking on Florida.  Too bad RCL didn't have the same gumption.  Instead, they're sitting on the fence, trying to appease everyone with multiple health protocols instead of just one... get vaccinated or don''t cruise.

Hopefully rccl and other lines will follow NCL, have not wanted to cruise ncl in decades but might need to rethink this. 

[jrapps]

16 minutes ago, TheHawk1 said:

Kudos to NCL for taking on Florida.  Too bad RCL didn't have the same gumption.  Instead, they're sitting on the fence, trying to appease everyone with multiple health protocols instead of just one... get vaccinated or don''t cruise.

The ruling is about 12 hours old...too early to say what RCL or other lines will do now. I think everyone will be watching very closely over the next few weeks.

 

Given this injunction was won, I am sure many lies are talking today about if/how they want to follow this and simplify their global protocols. RCL requires vaccines outside FL, so they obviously WANT to. This may give them the legal ammunition they need to go ahead and do it.

 

Oh, to be a fly on the wall in a RCL conference room today...or RCL Zoom call I guess.

[jrapps]

2 minutes ago, molly361 said:

I thought Royal has already said that they are going to continue to follow the CDC's guidance which means this lawsuit doesn't mean anything one way or another to them ?

Royal is already going above and beyond CDC guidance buy requiring masks for everyone, even vaccinated, on 95%+ cruises. Why is it any different to go above the requirements for vaccines too?

[RCCL Fan]

14 hours ago, jrapps said:

I guess we will see if in the next week or so we see any new vaccine requirements from other cruise lines. 

 

I can see Royal using this to simplify rules from FL, especially ships that go to St. Thomas. So much easier to say vaccines required on the Allure instead of saying vax required only on specific sailings.

 

 

 

I missed the part about vaccines required on specific sailings.  Where's that list??