Norwegian Cruise Line Holdings (NCLH) and four former directors are seeking to have a lawsuit filed by former President and CEO Frank Del Rio dismissed with prejudice. The request was made in a motion submitted to a Miami-Dade judge on August 25, arguing that Del Rio’s own court filings weaken his case.
Del Rio had filed a lawsuit in May, claiming he was persuaded to retire early in exchange for a consulting deal valued at $18 million over 4.5 years. Instead, he argues, he received only a written agreement worth $10 million for 2.5 years. He is now pursuing the disputed balance of $8 million.
In their response, the defense contended that Del Rio acknowledged any oral extension of the agreement is unenforceable under Florida’s Statute of Frauds. They also pointed out that Del Rio’s complaint suggests he, as a sitting CEO, knowingly agreed to the reduced arrangement to sidestep another failed Say-on-Pay vote.
The defense further argued that Del Rio’s allegations of fraud lack specific details, such as exact dates and distinct statements made by each director involved, and suggested that discovery processes would be needed to clarify the allegations.
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