Bird v. Celebrity Cruise Line, Inc., 428 F. Supp. 2d 1275 (S.D. Fla. 2005).

In this federal district court case, a cruise line passenger sued the firm's client, a cruise line operator, for negligence, implied warranty of merchantability, and strict liability as an alleged result of food poisoning on board. The cruise line moved to dismiss the warranty and strict liability claims for failure to state a claim. The district court granted the motion finding first that a cause of action for breach of implied warranty of merchantability does not exist under admiralty law and would not be implied into the cruise ship ticket contract in favor of a passenger based on food poisoning. The district court also found that a cruise line operator cannot be held strictly liable for food poisoning under admiralty law.