Carpenter v. Carnival Corp.

2007 WL 9702036 (2007)

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Carpenter v. Carnival Corp.

United States District Court for the Southern District of Florida
2007 WL 9702036 (2007)

Facts

In September 2005, Kyles Carpenter (plaintiff) took a pleasure cruise on the Miracle, a vessel owned and operated by Carnival Corporation (defendant). During the cruise, Carpenter played slot machines in the Miracle’s casino room and allegedly won a cash jackpot on a slot machine. In addition to the cash, Carpenter also allegedly won 3,355,443 in bonus points, which were worth a substantial reward. According to Carpenter, however, immediately after Carpenter’s win, Carnival employees opened the machine, erased the award, and returned Carpenter’s original wager to him. The employees allegedly told Carpenter that he was not entitled to the cash or bonus points. Carpenter sued Carnival in federal district court in Florida, asserting claims for breach of implied contract, unjust enrichment, fraud, fraudulent misrepresentation, and conversion. Carpenter claimed that Carnival’s marketing materials that promoted casino-style gambling onboard the Miracle had induced Carpenter to enter into a cruise-line passage contract with Carnival. Carnival moved to dismiss Carpenter’s complaint. In analyzing the motion to dismiss, the district court considered whether it had admiralty jurisdiction over Carpenter’s claims.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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