Kathryn Barry v. Carnival Corporation, No. 06-12615 (11th Cir. 2007)

Annotate this Case

Download PDF

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Nos. 06-12615 and 06-13006 FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT DECEMBER 4, 2007 THOMAS K. KAHN CLERK D. C. Docket No. 05-22551-CV-KMM KATHRYN BARRY, THOMAS W. LESLIE, Plaintiffs-Appellants, versus CARNIVAL CORPORATION, a Panamanian corporation, a.k.a. Carnival, d.b.a. Carnival Cruise Lines, Inc., Defendant-Appellee. Appeals from the United States District Court for the Southern District of Florida (December 4, 2007) Before DUBINA and KRAVITCH, Circuit Judges, and COOGLER,* District Judge. _______________________ *Honorable L. Scott Coogler, United States District Judge for the Northern District of Alabama, sitting by designation. PER CURIAM: This appeal is from a district court s grant of a motion to dismiss based on standing, in an action brought for declaratory relief pursuant to 28 U.S.C. § 2201 and for injunctive relief pursuant to Fed. R. Civ. P. 57. The plaintiffs, Kathryn Barry and Thomas Leslie, sought a declaration from the district court that defendant Carnival Corporation s ( Carnival ) forum selection clause, which is on all of Carnival s ticket contracts is invalid. After reviewing the record, reading the parties briefs and having the benefit of oral argument, we affirm the district court s judgment of dismissal based on issue preclusion. See Christo v. Padgett, 223 F.3d 1324, 1339-40 (11th Cir. 2000). AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.