Ms. MacIvor, a partner at Maltzman Foreman, possesses substantial expertise in complex litigation. Throughout all her years as a litigator, she has maintained a winning track record. She has innovatively defended breach of contract, maintenance and cure, wage claims, Florida Deceptive and Unfair Trade Practices, the Americans with Disabilities Act, and personal injury cases and class actions in state and federal courts and at the Florida Supreme Court. Her class action experience is listed below.

Additionally, Ms. MacIvor has developed expertise in emotional injury causes of action involving the transmission of infectious diseases such as the Norwalk virus. Catherine is also well versed in sexual assault and battery cases. She lectured on this topic at the Legal and Insurance Seminar, International Council of Cruise Lines, Ninth Annual Leadership Forum, 2005.  Furthermore, Ms. MacIvor has a broad range of experience in defending employment litigation, including the Americans with Disabilities Act and Title VII.   She has developed corporate training and given seminars on the Americans with Disabilities Act, Title VII, sexual harassment, and assault.

 

Class Action Experience:
Sun v. Norwegian Cruise Line, Case No. 02-19071-CA-15 (11th Judicial Circuit in and for Miami-Dade County 2004).  Class certification denied in crewmember maintenance and cure claim.

Zagone v. Carnival Cruise Line, Case No. 02-22927-CA-01 (11th Judicial Circuit in and for Miami-Dade County 2004).  Final Summary Judgment granted in class action based upon  breach of contract.

Elliott v. Carnival Cruise Line, Case No. 02-23253-CIV (S.D. Fla. 2004).  Class certification denied for passengers who sought refunds for the breakdown of the vessel.

Elliott v. Carnival Cruise Line, Case No. 02-23622-CIV (S.D. Fla. 2004). Consolidated action requesting refunds for the breakdown of the vessel. Settled on very favorable terms.

Norwegian Cruise Line v. Rose, 784 So. 2d 1248 (Fla. 3d DCA 2001).  Appellate court decertified Norwalk virus class action for three successive cruises.

Rose v. Norwegian Cruise Line, 825 So. 2d 342 (Fla. 2002).  Supreme Court determined that jurisdiction on Norwalk virus class action was improvidently granted and Third District decision stands.

Pollack v. Norwegian Cruise Line, Case No. 908-00621-CIV (S.D. Florida 2001).  Norwalk virus class action decertified.

Hutton v. Norwegian Cruise Line, Case No. 99-2383-CIV-Moreno (S.D. Florida 2000).  Class certification denied for passengers who brought emotional distress and personal injury claims after collision in the English Channel.

Stewart v. Norwegian Cruise Line, Case No. 99-2383-CIV-Moreno (S.D. Florida 2001).  Class certification denied for passengers who brought emotional distress and personal injury claims after collision in the English Channel.

Stewart v. Norwegian Cruise Line, Case No. 01-1436-CIV (S.D. Fla. 2002).  Denials of class certification in Hutton and Stewart matters affirmed.

Lee v. Norwegian Cruise Line, Case No. 99-03242-CIV-Middlebrooks (S.D. Florida 2000).  Class certification denied in crew member wage claim.

Cortijo et al. v. Royal Caribbean Cruise Line, Case No. 99-03300-CIV-Marra (S.D. Florida 2002).  Consolidated action on behalf of passengers bringing personal injury and mental distress claims based upon vessel grounding settled on very favorable terms.

Samofal v. Royal Caribbean Cruises, Ltd., Case No. 99-14275-CA-01 (2002) Eleventh Judicial Circuit in and for Miami-Dade County.  Class action for emotional distress and personal injuries based upon vessel grounding dismissed.

Americans with Disabilities Act Litigation:

United States of America v. Norwegian Cruise Line, Case No. 01-00244-CIV-King (S.D. Fla. 2001).  ADA violation claim brought by the Department of Justice wherein a favorable settlement was achieved.

United States v. Norwegian Cruise Line, Ltd., 2004 U.S. Dist. Lexis 22585 (May 24, 2004 S.D. Fla.).  Department of Justice’s Motion for Order to Show Cause as to why cruise line should not be held in contempt denied.