KHIKS’s SeaWorld team (Larry Iser, Kristen Spanier, and Kat Kleindienst) have won the appeal in the 9th Circuit Court of Appeals of the dismissal of a consumer fraud putative class action against SeaWorld relating to the Covid-19 pandemic. The lead plaintiff, who had purchased annual passes for SeaWorld San Diego by way of interest-free monthly installment payments, filed a putative class action lawsuit in 2020 in the United States District Court for the Southern District of California, claiming that SeaWorld’s continued collection of the monthly installment payments following the closure of the park due to the pandemic violated California’s consumer fraud statutes. In an Order dated September 9, 2020, United States District Judge Cathy Ann Bencivengo granted SeaWorld’s motion to dismiss the entire lawsuit, ruling that “SeaWorld, like the rest of the world, would not have been aware it would need to temporarily close its parks due to an unprecedented global pandemic.” In an opinion dated October 25, 2021, the 9th Circuit affirmed. Click “Download PDF” to read the Decision.
