Aug. 2 — SeaWorld Parks and Entertainment, Inc. won partial dismissal, for now, of a proposed class suit alleging it profits from deceptive statements about the welfare of captive orcas at its marine animal theme parks ( Anderson v. SeaWorld Parks & Entertainment, Inc., 2016 BL 248525, N.D. Cal., No. 15-02172, 8/1/16 ).
However, Judge Jeffrey S. White of the U.S. District Court for the Northern District of California Aug. 1 gave the plaintiffs a chance to replead.
Marc Anderson and others alleged SeaWorld's advertising creates the misleading perception that orcas (killer whales) generally benefit from the park's rehabilitative programs and educational activities, and that the individual orcas in captivity there are as healthy as their counterparts in the wild.
SeaWorld announced in March that it will end orca breeding programs, and that the orcas currently at SeaWorld will be the last generation in the parks' care, plaintiffs say. But their inability to rely on the accuracy of these statements presents a continuing injury to them.
The plaintiffs sued under California's consumer protection laws, alleging they overpaid for admission tickets and souvenir merchandise because of the misleading statements.
The court found some fraud-based claims insufficiently pleaded, and said not all plaintiffs alleged facts that would allow them to bring claims for injunctive relief and restitution.
But the plaintiffs may amend their complaint, the court said.
A similar complaint was dismissed with prejudice by the Southern District of California in May.
Those plaintiffs have appealed to the U.S. Court of Appeals for the Ninth Circuit, in Hall v. SeaWorld Entertainment, Inc., No. 16-55845.
Covington & Burling represents the Anderson plaintiffs.
Norton Rose Fulbright US LLP and Kinsella Weitzman Iser Kump & Aldisert LLP represent SeaWorld.
To contact the reporter on this story: Julie A. Steinberg in Washington at firstname.lastname@example.org
To contact the editors responsible for this story: Steven Patrick at email@example.com and
The dismissal order is available at http://www.bloomberglaw.com/public/document/Anderson_et_al_v_SeaWorld_Parks_and_Entertainment_Docket_No_415cv.
The Anderson plaintiffs' proposed, redlined, second amended complaint is at http://www.bloomberglaw.com/public/document/Anderson_et_al_v_SeaWorld_Parks_and_Entertainment_Docket_No_415cv/1.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)