Spector v. Norwegian Cruise

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 29, 2005
• Docket: 02-21154
• Status: Published

Opinion

United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT September 29, 2005

_______________________ Charles R. Fulbruge III Clerk No. 02-21154 _______________________

DOUGLAS SPECTOR, ET AL.,

Plaintiffs-Appellants,

versus

NORWEGIAN CRUISE LINE LTD., doing business as Norwegian Cruise Line,

Defendant-Appellee.

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_______________________

No. 03-20056 _______________________

Defendants-Appellees,

NORWEGIAN CRUISE LINE LTD., doing business as Norwegian Cruise Line,

Plaintiff-Appellant.

ORDER ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES _________________________________________________________________

Before REAVLEY, JONES, AND CLEMENT, Circuit Judges.

PER CURIAM: On remand from the Supreme Court, this court requested

letters from counsel advising whether this court should decide the

remaining issues or should remand to the district court for further

proceedings. Responding to the request, counsel for Norwegian

Cruise Line raised for the first time fact-based mootness and

standing issues that are contested by counsel for Douglas Spector,

et al. To properly address these jurisdictional issues and, if

appropriate, the remaining issues in the case, we must remand. In

doing so, we note only that the district court’s original basis for

denying relief — the Government’s failure to promulgate uniform

physical accessibility guidelines for cruise ships — has not been

eliminated by the Supreme Court’s decision as at least a factor in

the liability determination.

REMANDED.