WASHINGTON -- The U.S. Bankruptcy Court for the Southern District
of Florida, Fort Lauderdale, granted a motion by the estate of
Renaissance Cruises to dismiss ASTA's pending class action suit
against the line, which is attempting to recall commissions paid on
cruises that didn't sail after it ceased operations Sept. 25, 2001.
ASTA filed the lawsuit on behalf of seven of its members July
25, with the intention of having it certified as a class action
suit encompassing all ASTA agents in the U.S.
In his 10-page ruling, presiding judge Raymond Ray determined a
class action "can not settle the 700-plus adversaries" involved in
the case. Consequently, he concluded, "it can serve no useful
purpose."
While the ruling effectively ends the class action, Burt Rubin,
ASTA staff general counsel told Travel Weekly the Society's legal
battle with Renaissance is not over.
"ASTA remains very active and committed to this litigation, we
are just doing it in a different way," Rubin said. "We will have to
proceed with seven different cases, instead of the one class
action, which we thought would have been the better approach."
ASTA has filed a motion for summary judgment on behalf of at
least one of the seven agencies. A hearing on the motion is slated
for Dec. 16.
"We hope we will get a favorable decision in that [case]," Rubin
said. "If that in fact is the outcome, that should assist all of
the other agents," since such a ruling could arguably serve as
precedent.
In the meantime, ASTA advises agents who receive recall notices
from Renaissance to seek legal aid and respond to them. Otherwise,
ASTA said, agencies will face default judgments and they will be
liable to repay the commissions.
To contact reporter Michael Milligan, send e-mail to [email protected].