Carnival Can’t Move Cruise Worker’s Mesothelioma Claim to Arbitration

A Waters Kraus Paul & Siegel team led by partner Charles Siegel obtained an important federal court ruling, rejecting an attempt by Carnival Cruise Line to move a worker’s mesothelioma lawsuit to arbitration and ordering the dispute to return to a Texas state court.

Chief U.S. District Judge Cecilia M. Altonaga remanded the case to Texas state court after finding that the family of an Italian employee should not be forced to arbitrate the wrongful death asbestos-exposure lawsuit. Italian citizen Basilio Gallo was employed by Carnival for 40 years and worked under an arbitration agreement for only his last year of employment, according to the ruling.

“Mr. Gallo served for decades aboard Carnival vessels, and the vast majority of his employment agreements contained no arbitration provisions,” Mr. Siegel told Law360. “There is no evidence that he sustained any asbestos exposure on any of the very few voyages covered by an arbitration agreement. We are pleased that his family can now seek justice before a jury, and we look forward to presenting their case in court.”

Mr. Gallo was diagnosed with mesothelioma in 2020 and eventually died from the disease. According to the 2022 lawsuit filed by his family, Mr. Gallo’s disease was caused by exposure to asbestos particles during his employment on cruise ships.

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What is Mesothelioma?

• Mesothelioma is a rare and deadly type of cancer that affects the lining of the lungs, abdomen or heart. When products containing asbestos are disturbed, tiny asbestos fibers are released into the air.

• Asbestos has been classified as a known human carcinogen by several federal and international bodies, including the U.S. Department of Health and Human Services (HHS), the U.S. Environmental Protection Agency, the U.S. Occupational Safety and Health Administration (OSHA), and the International Agency for Research on Cancer (IARC).
• When asbestos fibers are inhaled, they can reach the lungs and become lodged in the lung tissue. Prolonged presence of asbestos fibers in the lungs leads to tissue damage, inflammation, and genetic alterations in mesothelial cells, ultimately resulting in the development of mesothelioma.
• Mesothelioma has a long latency period, often taking 13 to 70 years or more to manifest symptoms. This means that workers exposed to asbestos may only receive a diagnosis later in life.

• Asbestos is a naturally occurring mineral composed of durable, heat-resistant fibers. It has been widely used in the building, construction and manufacturing industries for its insulating, fireproofing, sound absorption, and strengthening capabilities. The automotive industry uses asbestos in vehicle brake shoes and clutch pads. Asbestos has also been used in ceiling and floor tiles, paints, coatings, adhesives and plastics.

• Asbestos has been linked to mesothelioma – a cancer of the thin membranes lining the chest and abdomen – and cancers of the lung, larynx and ovaries.
• Symptoms associated with asbestos-related exposure include shortness of breath, wheezing, chronic cough, chest pain, swelling in the face, and difficulty swallowing.

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Seek justice with the help of our experienced asbestos attorneys. Our asbestos law firm has represented individuals like you affected by asbestos exposure for over 20 years, aggressively fighting the corporate giants responsible for their dangerous products. If you or a loved one were exposed to asbestos or suffered from a disease caused by asbestos, like mesothelioma, we can help.