Eulala Shute, and Russel Shute v. Carnival Cruise Lines

Good Law
863 F.2d 1437·1988 WL 130925
United States Court of Appeals for the Ninth CircuitApril 27, 198987-4063California6,596 words

Opinion

Opinion

Fletcher, J.

Plaintiffs Eulala and Russell Shute appeal the district court’s decision to grant the defendant’s motion for summary judgment, dismissing their suit for damages. The district court granted the motion on the grounds that the defendant’s forum-related activities were insufficient to support the exercise of personal jurisdiction in a manner consistent with due process. We reverse.

BACKGROUND

The defendant-appellee, Carnival Cruise Lines, is a Panamanian corporation with its principal place of business in Miami, Florida. It is undisputed that Carnival is not registered to do business in the State of Washington. It owns no property in Washington, maintains no office or bank account in Washington and pays no business taxes in Washington. It has never operated ships which have called at Washington ports. It has no exclusive agent in Washington. Carnival does, however, advertise its cruises in local Washington newspapers. It also provides brochures to travel agents in Washington, which in turn are distributed to potential customers. Carnival also periodically holds seminars for travel agents in the State of Washington to inform them about, and encourage them to sell, Carnival cruises.…

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