Cruise Ship Law

LUIS BOLANOS, et al., Plaintiffs, -against-NORWEGIAN CRUISELINES LIMITED, d/ b/ a NORWEGIAN CRUISE LINES, et al., Defendants.

01 Civ. 4182 (RMB) (AJP)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
2002 U.S. Dist. LEXIS 22791
November 26, 2002, Decided
November 26, 2002, Filed

DISPOSITION: Magistrate's Report was adopted in its entirety.

PROCEDURAL POSTURE: Plaintiff employees sued defendants, a cruise line and others, to recover overtime wages allegedly withheld in violation of employment contracts, collective bargaining agreements, and the Seaman's Wage Act. The employees moved for certification as a class under Fed. R. Civ. P. 23. The magistrate recommended that the motion be granted. Defendants objected to the recommendation.

OVERVIEW: The employees sought to certify a class of almost five thousand seafarer-employees who worked on defendants' ships and who worked, or would work, on the various defendants' vessels at some point in time during the period from January 1998 through the time of the suit. The magistrate found that the employees met the requirements under Fed. R. Civ. P. 23(a) including (1) numerosity, as the proposed class consisted of five thousand seafarers; (2) commonality, as they shared common factual and legal questions; (3) typicality, as they were all employees who had not been paid overtime; and (4) adequacy of representation, as this element was not challenged. The magistrate also found that certification under Rule 23(b)(3) was appropriate as the employees sought primarily damages and only secondarily injunctive relief. Defendants objected that the employees did not meet the predominance requirement. The court disagreed, finding that liability issues were common as the employees' claims were based on the alleged across-the-board deprivation of overtime wages, and only damage issues would differ.

OUTCOME: The magistrate's recommendation was adopted in its entirety, and the motion for class certification was granted.