ALI-ABA Telephone Seminar Cruise Ship Cases: What Personal Injury Lawyers Need to Know. May 21, 2007 Live Telephone/Audio Webcast

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "ALI-ABA Telephone Seminar Cruise Ship Cases: What Personal Injury Lawyers Need to Know. May 21, 2007 Live Telephone/Audio Webcast"

Transcription

1 1 ALI-ABA Telephone Seminar Cruise Ship Cases: What Personal Injury Lawyers Need to Know May 21, 2007 Live Telephone/Audio Webcast Cruise Ship Cases: What Personal Injury Lawyers Need to Know By David W. Brill Juan M. Garcia Downs Brill Whitehead Pembroke Pines, Florida and Jonathan B. Aronson Leigh McMillan Rodriguez, Aronson & Essington, PA Miami, Florida

2 2 2

3 3 Cruise Ship Cases: What Personal Injury Lawyers Need to Know Monday, May 21, 2007 Presented By: David W. Brill, Esq. Juan M. Garcia, Esq. Jonathan B. Aronson, Esq. Domingo C. Rodriguez, Esq. Leigh McMillan, Esq., LL.M. Miami-Dade 55 Miracle Mile, Suite 200 Coral Gables, FL Tel: (305) Broward Mercantile Bank Building th One Southwest 129 Avenue Suite 305 Pembroke Pines, FL Tel: (954) Ponce de Leon Blvd. Suite 730 Miami, FL Tel: ( 305) Palm Beach Crystal Tree Commerce Center 1201 US Highway One, Suite 403 North Palm Beach, FL Tel: (561)

4 4 CRUISE SHIP CASES: What Personal Injury Lawyers Need to Know 1. Limitation of Liability under the Passenger Ticket: A. Statute of Limitations B. Forum Selection Clause, Enforceability 2. Applicable Substantive Law: A. Maritime Law B. Restatement (Second) of Torts C. State Law, under what circumstances does it apply? 3. Standard of Care Owed Under Maritime Law: 4. Causes of Action: A. Reasonable Care Under the Circumstances for Injuries Arising Under Traditional Maritime Circumstances B. Duty to Warn as to Injuries Sustained in Garden Variety Premises Liability Circumstances Negligence - Injuries sustained aboard the vessel; Injuries sustained aboard a tender; Injuries sustained shore-side; Injuries caused by employees Injuries caused by shipboard medical malpractice Intentional Torts - Americans With Disabilities Act Death on the High Seas Act Causes of Action Not Available to a Passenger - 5. Damages: 6. Apportionment of Liability 7. Attorney s Fees ****************************************************************************** Page 2 of 29

5 5 ***************************************************************************** 1. Limitation of Liability Under the Passenger Ticket: A. Statute of Limitations - Passenger ticket contracts for cruises are maritime contracts governed by federal admiralty law, so the provisions contained in them are presumed valid and binding on the parties. The Moses Taylor, 71 U.S. 411 (1866) (contract for ocean passage is a maritime contract governed by federal law); Schenck v. Kloster Cruise, Ltd., 800 F. Supp. 120, 122 (D.N.J. 1992), aff'd, 993 F.2d 225 (3d Cir. 1993); Vavoules v. Kloster Cruise Ltd., 822 F. Supp. 979, (S.D.N.Y. 1993) (stating that since 1946, courts, without exception, have applied federal maritime law in cases involving passenger cruise tickets and other maritime contracts ); Gibbs v. Carnival Cruise Lines, 314 F.3d 125, 132 (3d Cir. 2002); Fisk v. Royal Caribbean Cruises, Ltd., 2005 AMC 2087 (2005) (passenger s ticket is a contract for carriage, which is a maritime contract, governed by the federal maritime jurisdiction). The traditional statute of limitations on suits under the maritime law is three years. 46 U.S.C. App. 763, re-codified as 46 USC 30106, provides that Unless otherwise provided by law, a suit for recovery of damages for personal injury or death, or both, arising out of a maritime tort, shall not be maintained unless commenced within three years from the date the cause of action occurred. Thus, absent an enforceable contractual provision for a different period, an action for maritime death or injury must be brought within three years of the date the injured party knew or should have been aware of the injury. Cruise lines typically limit the statute of limitations to claims filed against them to one year, as allowable under 46 U.S.C.App. 183b (1983), re-codified as 46 U.S.C , permitting a ship owner to limit the time for a claimant to file a suit seeking to recover for death or personal injury from that shipowner to a period no shorter than one year. Such provisions are presumed valid, provided that the ticket brings the limitations to the passenger s attention. Marek v. Marpan Two, Inc., 1986 U.S. Dist. LEXIS (E.D. Pa. 1986) (limitation clauses may be printed in small type, and will be effective as long as the clauses are not too muddled or illegible as to be unenforceable. ); Kornberg v. Carnival Cruise Lines, Inc., 741 F.2d 1332, 1335 (11th Cir. 1984); In Lerner v. Karageorgis Lines, Inc., 66 N.Y.2d 479, 497 N.Y.S.2d 894, 488 N.E.2d 824, 1986 A.M.C (1985), reargument denied 67 N.Y. 2d 758, 500 N.Y.S.2d 1028, 490 N.E.2d 1234, the New York Appellate Court held that the print size requirements outlined in CPLR 4544 of 8 point type does not apply to passenger ship Passage Contract tickets because they are maritime in nature and should be governed by federal maritime law. If the plaintiffpassenger no longer has the ticket, the full text of the ticket is usually contained on the cruise line s website. The Cruise Lines International Association Council (http://www.cruising.org/), contains links to all of the major cruise lines websites. Additionally,... it is well established law that the defense of inability to read the terms of the Passage Contract because of infancy, minority or unfamiliarity with the English language are insufficient to excuse the passenger from the terms and conditions of the Passage Contract. David W. Brill, Esq., and Juan M. Garcia, Esq. Downs Brill Whitehead Jonathan B. Aronson, Esq., Domingo C. Rodriguez, Esq., and Leigh McMillan, Esq. Rodriguez Aronson & Essington, P.A. Page 3 of 29

& INSURANCE SEMINAR RESPONDEAT SUPERIOR OR STRICT LIABILITY? Presented by: Keith S. Brais, Esq.

& INSURANCE SEMINAR RESPONDEAT SUPERIOR OR STRICT LIABILITY? Presented by: Keith S. Brais, Esq. ICCL LEGAL & INSURANCE SEMINAR SHIP S S MEDICAL NEGLIGENCE: RESPONDEAT SUPERIOR OR STRICT LIABILITY? Presented by: Keith S. Brais, Esq. Brais & Associates, P.A. New World Tower 100 Biscayne Blvd. Suite

More information

PITFALLS AND PRACTICAL POINTERS FOR THE TRIAL LAWYER ENCOUNTERING A MARITIME CLAIM. By Thomas M. Bond, Esq., Boston, MA

PITFALLS AND PRACTICAL POINTERS FOR THE TRIAL LAWYER ENCOUNTERING A MARITIME CLAIM. By Thomas M. Bond, Esq., Boston, MA PITFALLS AND PRACTICAL POINTERS FOR THE TRIAL LAWYER ENCOUNTERING A MARITIME CLAIM By Thomas M. Bond, Esq., Boston, MA A trial lawyer attempting to litigate a maritime claim without doing the preliminary

More information

Palm Beach County Bar Association Trial Superstars Planes, Trains, Trucks and Boats March 27, 2009 Richard J. McAlpin Florida Bar Board Certified edadmiralty aty & Maritime and Civil Trial Lawyer What

More information

Arbitration in Seamen Cases

Arbitration in Seamen Cases Arbitration in Seamen Cases Recently, seamen have been facing mandatory arbitration provisions in their employment agreements which deny them their rights to a jury trial under the Jones Act, and also

More information

INTERNATIONAL LAW SOCIETY LAW OF THE SEA WEEK. Conflict of Laws in U.S. Admiralty Law. October 11, 2010

INTERNATIONAL LAW SOCIETY LAW OF THE SEA WEEK. Conflict of Laws in U.S. Admiralty Law. October 11, 2010 INTERNATIONAL LAW SOCIETY LAW OF THE SEA WEEK Conflict of Laws in U.S. Admiralty Law October 11, 2010 1. Thanks for inviting me to speak. I understand that most of the attendees are law students. Many

More information

PERSONAL INJURIES AND DEATHS IN THE USA

PERSONAL INJURIES AND DEATHS IN THE USA PERSONAL INJURIES AND DEATHS IN THE USA This Guide explains national law when seafarers are injured or killed in a port in the USA or on a USA flagged ship. This document is not intended to be legal advice,

More information

Supreme Court of the United States

Supreme Court of the United States No. 11-626 IN THE Supreme Court of the United States FANE LOZMAN, v. Petitioner, THE CITY OF RIVIERA BEACH, FLORIDA, Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals

More information

IN THE SUPREME COURT OF FLORIDA. v. L.T. Case No. 4D07-437 PETITIONERS BRIEF ON JURISDICTION. Florida Bar No. 991856 Florida Bar No.

IN THE SUPREME COURT OF FLORIDA. v. L.T. Case No. 4D07-437 PETITIONERS BRIEF ON JURISDICTION. Florida Bar No. 991856 Florida Bar No. IN THE SUPREME COURT OF FLORIDA HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, INC.; MANORCARE HEALTH SERVICES, INC., d/b/a, HEARTLAND HEALTH CARE, Petitioners, Case No. SC07-1849 v. L.T. Case No.

More information

SYLLABUS FOR MARITIME PERSONAL INJURY AND DEATH

SYLLABUS FOR MARITIME PERSONAL INJURY AND DEATH SYLLABUS FOR MARITIME PERSONAL INJURY AND DEATH Spring 2016 PROFFESSOR JOHN F. UNGER 1 LEARNING OBJECTIVES The objectives of this course are to teach the substantive law of the subject matter integrated

More information

PERSONAL INJURIES AND DEATHS IN GREECE

PERSONAL INJURIES AND DEATHS IN GREECE PERSONAL INJURIES AND DEATHS IN GREECE This Guide explains national law when seafarers are injured or killed in a port in Greece or on a Greek flagged ship. This document is not intended to be legal advice,

More information

Complaint - Walmart Substance on Floor in Frozen Food Dept.

Complaint - Walmart Substance on Floor in Frozen Food Dept. Home Slip and Fall - Pleadings Main Index - Complaint Walmart Frozen Food Dept Complaint - Walmart Substance on Floor in Frozen Food Dept. IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD

More information

(1) It was something fairly and naturally incidental to the employer's business assigned to the employee; and

(1) It was something fairly and naturally incidental to the employer's business assigned to the employee; and Employer Liability for Employee Conduct by Lisa Mann 05-01-2000 EMPLOYER LIABILITY FOR EMPLOYEE CONDUCT: When Does An Employer Have to Pay? by Lisa Mann Modrall, Sperling, Roehl, Harris & Sisk, P.A. Employers

More information

Case 1:12-cv-24000-JAL Document 18 Entered on FLSD Docket 11/05/2012 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:12-cv-24000-JAL Document 18 Entered on FLSD Docket 11/05/2012 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 1:12-cv-24000-JAL Document 18 Entered on FLSD Docket 11/05/2012 Page 1 of 5 THE FLORIDA DEMOCRATIC PARTY, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA v. Plaintiff, KEN DETZNER, SECRETARY

More information

Headquarters: Phoenix, Arizona. Regional Office: Miami, Florida. Orion Telecom Networks Inc. Orion Telecom Networks Inc.

Headquarters: Phoenix, Arizona. Regional Office: Miami, Florida. Orion Telecom Networks Inc. Orion Telecom Networks Inc. Headquarters: Phoenix, Arizona Orion Telecom Networks Inc. 20100, N 51st Ave, Suite B240, Glendale AZ 85308 Phone: +1 480-816-8672 Fax: +1 480-816-0115 E-mail: sales@oriontelecom.com Website: http://www.oriontelecom.com

More information

8 Things You Should Do If You Are Involved in an Auto Accident: 2011

8 Things You Should Do If You Are Involved in an Auto Accident: 2011 8 Things You Should Do If You Are Involved in an Auto Accident: 2011 A Complimentary Publication Alan Sackrin, Esq., Attorney at Law Sackrin & Tolchinsky, P.A. 2100 East Hallandale Beach Blvd, Suite 200

More information

Gordon D. Schreck. Profile. Areas of Practice. Admiralty and Maritime Environmental. Contact Information. Selected Decisions

Gordon D. Schreck. Profile. Areas of Practice. Admiralty and Maritime Environmental. Contact Information. Selected Decisions Gordon D. Schreck Profile Areas of Practice Admiralty and Maritime Environmental Contact Information Charleston Office 843/720-4605 (phone) 843/723-7398 (fax) gschreck@wcsr.com Gordon D. Schreck s practice

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION Case 6:09-cv-02099-GAP-DAB Document 37 Filed 04/08/10 Page 1 of 6 PageID 181 NURETTIN MAYAKAN, Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION -vs- Case No. 6:09-cv-2099-Orl-31DAB

More information

Case 1:13-cv-23766-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 1 of 23

Case 1:13-cv-23766-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 1 of 23 Case 1:13-cv-23766-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 1 of 23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. DAVID SCHULMAN as Personal Representative

More information

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the

More information

Case 3:13-cv-00054 Document 120 Filed in TXSD on 05/04/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION ORDER

Case 3:13-cv-00054 Document 120 Filed in TXSD on 05/04/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION ORDER Case 3:13-cv-00054 Document 120 Filed in TXSD on 05/04/15 Page 1 of 7 This case is being reviewed for possible publication by American Maritime Cases, Inc. ( AMC ). If this case is published in AMC s book

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC11-1173 L.T. NO. 3D10-488. JOAN RUBLE, as Personal Representative of the Estate of LANCE RUBLE, deceased,

IN THE SUPREME COURT OF FLORIDA CASE NO. SC11-1173 L.T. NO. 3D10-488. JOAN RUBLE, as Personal Representative of the Estate of LANCE RUBLE, deceased, IN THE SUPREME COURT OF FLORIDA CASE NO. SC11-1173 L.T. NO. 3D10-488 JOAN RUBLE, as Personal Representative of the Estate of LANCE RUBLE, deceased, Petitioner, vs. RINKER MATERIALS CORPORATION, RINKER

More information

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 1 LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 EXPLANATORY NOTES GENERAL OUTLINE OBJECTIVES OF THE LEGISLATION The purpose of this Bill is to address the impact of the decision of the High

More information

Commercial Shipping and the Jones Act

Commercial Shipping and the Jones Act Commercial Shipping and the Jones Act William H. Armstrong Armstrong & Associates LLP 1 Kaiser Plaza, Suite 625 Oakland, CA 94612 (510) 433 1830 (510) 433 1836 [fax] bill.armstrong@armstrongetal.com William

More information

Injured on a Cruise Ship?

Injured on a Cruise Ship? Injured on a Cruise Ship? Follow these steps - a helpful guide from Waks and Barnett, P.A. - Cruise Ship Injury Attorneys If you've been injured on a cruise ship, there are certain actions you'll want

More information

Case 1:04-cv-01420-AK Document 9 Filed 01/12/05 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:04-cv-01420-AK Document 9 Filed 01/12/05 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Case 1:04-cv-01420-AK Document 9 Filed 01/12/05 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PENDA E. BYRD, : : Plaintiff, : : v. : Civil Action No. 04-1420 : (ESH) ADMIRAL MOVING

More information

INTRODUCTORY COMMENT

INTRODUCTORY COMMENT INTRODUCTORY COMMENT These instructions were prepared for use in an action brought under maritime common law and the Jones Act, 46 U.S.C. 688, by a "seaman" against his or her employer. The instructions

More information

LECOMTE, EMANUELSON and DOYLE

LECOMTE, EMANUELSON and DOYLE 155 SOUTH MAIN STREET PROVIDENCE, RHODE ISLAND 02903 (401) 454-3111 PLEASE RESPOND TO QUINCY OFFICE LECOMTE, EMANUELSON and DOYLE ATTORNEYS AT LAW BATTERYMARCH PARK II ONE PINE HILL DRIVE, SUITE 101 QUINCY,

More information

PAPER WORLD ANALOGIES TO WEB SITE TERMS AND CONDITIONS: TRAVEL TICKETS AND OTHER SIMILAR FORMS

PAPER WORLD ANALOGIES TO WEB SITE TERMS AND CONDITIONS: TRAVEL TICKETS AND OTHER SIMILAR FORMS PAPER WORLD ANALOGIES TO WEB SITE TERMS AND CONDITIONS: TRAVEL TICKETS AND OTHER SIMILAR FORMS Juliet M. Moringiello Associate Professor, Widener University School of Law In order to determine whether

More information

About Our Firm. High Stakes Trials. High Impact Cases. High Quality Representation.

About Our Firm. High Stakes Trials. High Impact Cases. High Quality Representation. About Our Firm Conrad & Scherer began as a small local firm of trial attorneys. Conrad & Scherer stands as one of Florida s leading firms with an expanded global and national reach. And, while commercial

More information

Recognition of a Maritime Lien for Attorney s fees. By Gregory C. Buffalow *

Recognition of a Maritime Lien for Attorney s fees. By Gregory C. Buffalow * Recognition of a Maritime Lien for Attorney s fees By Gregory C. Buffalow * Routine awards of a maritime lien for attorney s fees against a vessel should be recognized as necessaries, within the meaning

More information

MARITIME LAW OR OREGON LAW? SIGNIFICANT DIFFERENCES IN CASUALTY CASES. Carl R. Neil 1

MARITIME LAW OR OREGON LAW? SIGNIFICANT DIFFERENCES IN CASUALTY CASES. Carl R. Neil 1 MARITIME LAW OR OREGON LAW? SIGNIFIANT DIFFERENES IN ASUALTY ASES arl R. Neil 1 Lawyers who do not regularly practice maritime law may sometimes overlook the possibility that federal maritime law, rather

More information

IN THE SUPREME COURT OF FLORIDA CASE NUMBER: SC-04-393

IN THE SUPREME COURT OF FLORIDA CASE NUMBER: SC-04-393 IN THE SUPREME COURT OF FLORIDA CASE NUMBER: SC-04-393 CARNIVAL CORPORATION, Petitioner, v. DARCE CARLISLE Respondent. BRIEF OF AMICUS CURIAE FLORIDA MARITIME LAWYER S ASSOCIATION (FMLA) ROBERT D. PELTZ,

More information

ST. MARY S REGIONAL MEDICAL CENTER BATH IRON WORKS. treatment costs pursuant to the Maine Workers Compensation Act, 39-A M.R.S.

ST. MARY S REGIONAL MEDICAL CENTER BATH IRON WORKS. treatment costs pursuant to the Maine Workers Compensation Act, 39-A M.R.S. MAINE SUPREME JUDICIAL COURT Decision: 2009 ME 92 Docket: WCB-08-663 Argued: May 20, 2009 Decided: August 18, 2009 Reporter of Decisions Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, MEAD,

More information

Enforceability of Indemnity Agreements Between Airport Authorities And Their Contractors/Tenants

Enforceability of Indemnity Agreements Between Airport Authorities And Their Contractors/Tenants Enforceability of Indemnity Agreements Between Airport Authorities And Their Contractors/Tenants A paper presented in connection with the Airports Council International North America s 2014 15 th Annual

More information

United States Workers Compensation/Indemnification Overview

United States Workers Compensation/Indemnification Overview United States Workers Compensation/Indemnification Overview January 18, 2012 Jill Kirila jill.kirila@squiresanders.com Kevin Hess kevin.hess@squiresanders.com 36 Offices in 17 Countries Workers Compensation

More information

CAUSE NO. 2005-58359. Bravo, et al. IN THE DISTRICT COURT OF. v. HARRIS COUNTY, T E X A S. Order Denying Motion for Partial Summary Judgment

CAUSE NO. 2005-58359. Bravo, et al. IN THE DISTRICT COURT OF. v. HARRIS COUNTY, T E X A S. Order Denying Motion for Partial Summary Judgment CAUSE NO. 2005-58359 Bravo, et al. IN THE DISTRICT COURT OF v. HARRIS COUNTY, T E X A S Stage Call Corp. 157 th JUDICIAL DISTRICT Order Denying Motion for Partial Summary Judgment Plaintiffs have sued

More information

Charleston School of Law: Admiralty and Maritime Law LLM Program

Charleston School of Law: Admiralty and Maritime Law LLM Program Charleston School of Law: Admiralty and Maritime Law LLM Program The Charleston School of Law in Charleston, South Carolina, will offer an advanced degree program in Admiralty and Maritime Law in the Fall

More information

BARGE TO BROOKLYN LEADS TO FEDERAL MARITIME LIABILITY, PREEMPTS STATE LAW

BARGE TO BROOKLYN LEADS TO FEDERAL MARITIME LIABILITY, PREEMPTS STATE LAW BARGE TO BROOKLYN LEADS TO FEDERAL MARITIME LIABILITY, PREEMPTS STATE LAW By Prof. Anthony Michael Sabino* And Michael A. Sabino** Recently the New York State Court of Appeals decided that a power-generating

More information

Longshoremen's and Harbor Workers' Compensation Act: Employer's Liability to Third Parties

Longshoremen's and Harbor Workers' Compensation Act: Employer's Liability to Third Parties University of Miami Law School Institutional Repository University of Miami Law Review 5-1-1968 Longshoremen's and Harbor Workers' Compensation Act: Employer's Liability to Third Parties Jeffrey Tew Follow

More information

Risk Shifting Provisions in Maritime Contracts

Risk Shifting Provisions in Maritime Contracts Risk Shifting Provisions in Maritime Contracts Issues Considered Issues Considered Risk Shifting Provisions in Marine Service Contracts Validity of Risk Shifting Provisions Other Considerations of Validity

More information

MISSOURI COURT OF APPEALS NORTHERN DISTRICT. David Moore, for Appellant, and Stone C. Defense for Respondent.

MISSOURI COURT OF APPEALS NORTHERN DISTRICT. David Moore, for Appellant, and Stone C. Defense for Respondent. MISSOURI COURT OF APPEALS NORTHERN DISTRICT JOHN JONES Defendant-Appellant vs. No. ND-55867 JANE SMITH Plaintiff-Respondent. David Moore, for Appellant, and Stone C. Defense for Respondent. Before O BRIEN,

More information

Giaschi & Margolis BARRISTERS AND SOLICITORS

Giaschi & Margolis BARRISTERS AND SOLICITORS Giaschi & Margolis BARRISTERS AND SOLICITORS 401-815 Hornby Street Telephone (604) 681-2866 Vancouver, B.C. Facsimile (604) 681-4260 V6Z 2E6 Email: giaschi@admiraltylaw.com CANADA Internet: www.admiraltylaw.com

More information

PERSONAL INJURIES AND DEATHS IN SOUTH AFRICA

PERSONAL INJURIES AND DEATHS IN SOUTH AFRICA PERSONAL INJURIES AND DEATHS IN SOUTH AFRICA This Guide explains national law when seafarers are injured or killed in a port in South Africa or on a South African flagged ship. This document is not intended

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

FLORIDA MARINA STORAGE AGREEMENTS AT A GLANCE Prepared by: Keith S. Brais, Esq. Brais & Associates, P.A. www.braislaw.com

FLORIDA MARINA STORAGE AGREEMENTS AT A GLANCE Prepared by: Keith S. Brais, Esq. Brais & Associates, P.A. www.braislaw.com I. Introduction FLORIDA MARINA STORAGE AGREEMENTS AT A GLANCE Prepared by: Keith S. Brais, Esq. Brais & Associates, P.A. www.braislaw.com The purpose of this article to inform the reader about the interplay

More information

Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00389-MJW-BNB ERNA GANSER, Plaintiff, v. ROBERT

More information

MARITIME LIEN FOR SEAFARERS WAGES IN LIBERIA

MARITIME LIEN FOR SEAFARERS WAGES IN LIBERIA MARITIME LIEN FOR SEAFARERS WAGES IN LIBERIA This Guide deals with the rights of seafarers of any nationality to unpaid or underpaid wages in respect of Liberian flagged ships, and foreign ships which

More information

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION SOUTH BAY CLUB CONDOMINIUM ASSOCIATION,

More information

Developments Concerning the Applicability of State Medicaid Lien Statutes

Developments Concerning the Applicability of State Medicaid Lien Statutes Developments Concerning the Applicability of State Medicaid Lien Statutes 2321 N. Loop Drive, Ste 200 Ames, Iowa 50010 www.calt.iastate.edu Updated February 15, 2014 - by Roger A. McEowen Overview Medicaid

More information

ARIZONA TORT CLAIMS ACT & IMMUNITIES INTRODUCTION. Claims against public entities and public employees require special attention.

ARIZONA TORT CLAIMS ACT & IMMUNITIES INTRODUCTION. Claims against public entities and public employees require special attention. ARIZONA TORT CLAIMS ACT & IMMUNITIES I. INTRODUCTION Claims against public entities and public employees require special attention. Public entities and public employees are protected from certain liabilities

More information

ILLINOIS LAW MANUAL CHAPTER I CIVIL PROCEDURE. A statute of limitations is a statute establishing a time limit for suing in a civil case,

ILLINOIS LAW MANUAL CHAPTER I CIVIL PROCEDURE. A statute of limitations is a statute establishing a time limit for suing in a civil case, If you have questions or would like further information regarding Statutes of Limitations, please contact: Christopher Johnston 312-540-7568 cjohnston@querrey.com Result Oriented. Success Driven. www.querrey.com

More information

Guidance for the Healthcare Community Concerning Section 304 of the Homeland Security Act

Guidance for the Healthcare Community Concerning Section 304 of the Homeland Security Act Guidance for the Healthcare Community Concerning Section 304 of the Homeland Security Act Manufacturers of smallpox vaccine and those healthcare entities under whose auspices the vaccine would be administered

More information

A. RECOVERY ON DERIVATIVE LIABILITY CLAIMS

A. RECOVERY ON DERIVATIVE LIABILITY CLAIMS A. RECOVERY ON DERIVATIVE LIABILITY CLAIMS The employer's duty to members of the public in both negligent hiring and negligent supervision cases stems from the principle that the employer receives benefits

More information

IRA H. LEESFIELD. www.plaintiffmagazine.com. Copyright 2009 by the author. For reprint permission, contact the publisher: www.plaintiffmagazine.

IRA H. LEESFIELD. www.plaintiffmagazine.com. Copyright 2009 by the author. For reprint permission, contact the publisher: www.plaintiffmagazine. Cruise ship litigation Cruise ships often become the subject of lawsuits and criminal investigations. Just knowing how to proceed with litigation can be a challenge. IRA H. LEESFIELD It is estimated that

More information

Choice of law in U.S. aviation cases 50 years after the revolution. Steven Pounian Kreindler & Kreindler LLP www.kreindler.

Choice of law in U.S. aviation cases 50 years after the revolution. Steven Pounian Kreindler & Kreindler LLP www.kreindler. Choice of law in U.S. aviation cases 50 years after the revolution Steven Pounian Kreindler & Kreindler LLP www.kreindler.com New York Aviation accidents invoke the interests of numerous jurisdictions

More information

SUPREME COURT OF FLORIDA CASE NO. SC02-152 KEVIN M. STEELE, Petitioner, vs. SUSAN B. KINSEY and UNITED AUTOMOBILE INSURANCE COMPANY, Respondents.

SUPREME COURT OF FLORIDA CASE NO. SC02-152 KEVIN M. STEELE, Petitioner, vs. SUSAN B. KINSEY and UNITED AUTOMOBILE INSURANCE COMPANY, Respondents. SUPREME COURT OF FLORIDA CASE NO. SC02-152 KEVIN M. STEELE, Petitioner, vs. SUSAN B. KINSEY and UNITED AUTOMOBILE INSURANCE COMPANY, Respondents. On Review from the Second District Court of Appeal, Case

More information

ILLINOIS LAW MANUAL CHAPTER VI OTHER CAUSES OF ACTION

ILLINOIS LAW MANUAL CHAPTER VI OTHER CAUSES OF ACTION If you have questions regarding Product Liability, please contact Bruce Schoumacher via bschoumacher@querrey.com www.querrey.com 2012 Querrey & Harrow, Ltd. All rights reserved. B. PRODUCT LIABILITY ILLINOIS

More information

1.3 When we use the term "ferry", we are referring to any ship operated by us to provide a ferry service.

1.3 When we use the term ferry, we are referring to any ship operated by us to provide a ferry service. Terms and Conditions Terms & Conditions for the Carriage of Persons by Gosport Ferry Limited Gosport Ferry Limited (company number 02254382) South Street, Gosport, Hampshire PO12 1EP 1 Interpretation 1.1

More information

CASE 0:05-cv-00809-DWF Document 16 Filed 09/06/05 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

CASE 0:05-cv-00809-DWF Document 16 Filed 09/06/05 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CASE 0:05-cv-00809-DWF Document 16 Filed 09/06/05 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Timothy D. Moratzka, Civil No. 05-809 (DWF) Appellant, v. Senior Cottages of America, LLC,

More information

Asbestos Liabilities: Jones Act Damages Limitations Should Be Extended To Nonemployer Product Supplier Defendants

Asbestos Liabilities: Jones Act Damages Limitations Should Be Extended To Nonemployer Product Supplier Defendants Asbestos Liabilities: Jones Act Damages Limitations Should Be Extended To Nonemployer Product Supplier Defendants Chris M. Temple ctemple@klng.com 412.355.6343 y Jeffrey N. Kinsey jkinsey@klng.com 412.355.8231

More information

Case 1:06-cv-22273-SH Document 23 Entered on FLSD Docket 09/25/07 13:02:36 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:06-cv-22273-SH Document 23 Entered on FLSD Docket 09/25/07 13:02:36 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 1:06-cv-22273-SH Document 23 Entered on FLSD Docket 09/25/07 13:02:36 Page 1 LAWRENCE KATT, M.D., individually, and on behalf of all others similarly situated, v. Plaintiffs, UNITED STATES DISTRICT

More information

THE CURRENT STATUS OF THE FEDERAL AVIATION ACT S IMMUNITY PROVISION FOUND IN SECTION 44112: A CASE STUDY OF VREELAND V. FERRER

THE CURRENT STATUS OF THE FEDERAL AVIATION ACT S IMMUNITY PROVISION FOUND IN SECTION 44112: A CASE STUDY OF VREELAND V. FERRER THE CURRENT STATUS OF THE FEDERAL AVIATION ACT S IMMUNITY PROVISION FOUND IN SECTION 44112: A CASE STUDY OF VREELAND V. FERRER Lea Pilar Valdivia 1 Podhurst & Orseck, P.A. Miami, Florida On July 18, 2011,

More information

Risk-Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To

Risk-Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To Risk-Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To David S. White The newer additional-insured clause might leave the owner and subcontractor without the

More information

COMMON MASSACHUSETTS STATUTES OF LIMITATIONS

COMMON MASSACHUSETTS STATUTES OF LIMITATIONS COMMON MASSACHUSETTS STATUTES OF LIMITATIONS An overview of the limitations periods for several common civil and commercial claims in Massachusetts. Brought to You by The Jacobs Law, LLC Your Attorneys

More information

Insurance Issues in e-commerce Contracting

Insurance Issues in e-commerce Contracting Insurance Issues in e-commerce Contracting Presentation to ACC IT Privacy & ecommerce Committee February 4, 2010 Ann V. Kramer, Esq. Catherine Chaskin, Esq. Who Pays? Outline Indemnities v. Insurance Which

More information

No. 77,194. SOUTH BROWARD HOSPITAL DISTRICT PHYSICIANS' PROFESSIONAL LIABILITY INSURANCE TRUST, etc., Respondent.

No. 77,194. SOUTH BROWARD HOSPITAL DISTRICT PHYSICIANS' PROFESSIONAL LIABILITY INSURANCE TRUST, etc., Respondent. No. 77,194 MARVIN M. SHUSTER, M.D., et al., Petitioners, V. SOUTH BROWARD HOSPITAL DISTRICT PHYSICIANS' PROFESSIONAL LIABILITY INSURANCE TRUST, etc., Respondent. [January 2, 19921 McDONALD, J. We review

More information

The TORT doctrine that imposes responsibility upon one person for the failure of another, with whom the person has a special relationship (such as

The TORT doctrine that imposes responsibility upon one person for the failure of another, with whom the person has a special relationship (such as Vicarious Liability The TORT doctrine that imposes responsibility upon one person for the failure of another, with whom the person has a special relationship (such as parent and child) employer and employee,

More information

vs. JURY TRIAL DEMANDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL Plaintiff JAMES SCHAIRER, by and through undersigned counsel, hereby sues

vs. JURY TRIAL DEMANDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL Plaintiff JAMES SCHAIRER, by and through undersigned counsel, hereby sues IN THE CIRCUIT COURT OF THE th 16 JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. JAMES SCHAIRER, individually, Plaintiff, vs. JURY TRIAL DEMANDED PAUL KERCHER,

More information

NOT FINAL UNTIL TIME EXPIRES FOR REHEARING AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES FOR REHEARING AND, IF FILED, DETERMINED County Civil Court: CIVIL PROCEDURE Dismissal. The complaint was sufficient to withstand dismissal at this stage in the proceedings. Reversed and Remanded. True Builders, Inc., a/a/o Maria Aponte v. Prepared

More information

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]

More information

15-11804-mg Doc 34 Filed 10/28/15 Entered 10/28/15 08:59:29 Main Document Pg 1 of 7. Debtor in a Foreign Proceeding.

15-11804-mg Doc 34 Filed 10/28/15 Entered 10/28/15 08:59:29 Main Document Pg 1 of 7. Debtor in a Foreign Proceeding. Pg 1 of 7 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: BERAU CAPITAL RESOURCES PTE LTD, FOR PUBLICATION Chapter 15 Case No. 15-11804 (MG) Debtor in a Foreign Proceeding. A P P E

More information

Air cargo is a $50 billion business that transports 35% of the value of goods

Air cargo is a $50 billion business that transports 35% of the value of goods A ADMIRALTY LAWYER S COMME TS O RECE T DEVELOPME TS CO CER I G THE MO TREAL CO VE TIO A D AIR FREIGHT FORWARDERS SEEKI G I DEM IFICATIO FROM AIR CARRIERS 2/22/11 Peter D. Clark at www.navlaw.com Air cargo

More information

Case 2:06-cv-10929-LMA-DEK Document 23 Filed 01/29/07 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA. versus No.

Case 2:06-cv-10929-LMA-DEK Document 23 Filed 01/29/07 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA. versus No. Case 2:06-cv-10929-LMA-DEK Document 23 Filed 01/29/07 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JOYCE HAMPTON, ET AL. CIVIL ACTION versus No. 06-10929 OWENS-ILLINOIS, ET AL.

More information

Registration Form Please Check: Boy Girl Age: Camper s Name: Address: City: State: Zip Code:

Registration Form Please Check: Boy Girl Age: Camper s Name: Address: City: State: Zip Code: Registration Form Please Check: Boy Girl Age: Camper s Name: Address: City: State: Zip Code: Contact Name: Emergency Contact Number: Alt. Emergency Contact Number: E-Mail Address: Alt. Contact Name: Check

More information

THE SPREAD OF PUNITIVE DAMAGES CLAIMS IN U.S. SEAMEN S SUITS SINCE ATLANTIC SOUNDING V. TOWNSEND

THE SPREAD OF PUNITIVE DAMAGES CLAIMS IN U.S. SEAMEN S SUITS SINCE ATLANTIC SOUNDING V. TOWNSEND THE SPREAD OF PUNITIVE DAMAGES CLAIMS IN U.S. SEAMEN S SUITS SINCE ATLANTIC SOUNDING V. TOWNSEND Mitchell S. Griffin Cox, Wootton, Lerner, Griffin, Hansen & Poulos LLP San Francisco, California In the

More information

Addressing Venue in Defense of Attorney Malpractice Claims by Christopher G. Betke and Michael E. Jusczyk

Addressing Venue in Defense of Attorney Malpractice Claims by Christopher G. Betke and Michael E. Jusczyk October 26, 2010 Volume 2 Issue 3 Featured Article Addressing Venue in Defense of Attorney Malpractice Claims by Christopher G. Betke and Michael E. Jusczyk As law firms grow larger, many have branch offices

More information

RECENT DEVELOPMENTS IN MCS-90 ENDORSEMENTS FOR TRUCK INSURANCE

RECENT DEVELOPMENTS IN MCS-90 ENDORSEMENTS FOR TRUCK INSURANCE RECENT DEVELOPMENTS IN MCS-90 ENDORSEMENTS FOR TRUCK INSURANCE - By - Martin B. Adams Kopff, Nardelli & Dopf LLC www.kndny.com December 1, 2005 Truckers involved in interstate trucking activities are subject

More information

During its recent session, the Florida Legislature passed

During its recent session, the Florida Legislature passed Improvements Made to Florida s Estate Tax Apportionment Statute By: Keith B. Braun, Esq. of Comiter, Singer, Baseman & Braun, LLP, Palm Beach Gardens, Florida; David J. Akins, Esq. of Dean, Mead, Egerton,

More information

Case 1:13-cv-20571-DLG Document 1 Entered on FLSD Docket 02/15/2013 Page 1 of 10

Case 1:13-cv-20571-DLG Document 1 Entered on FLSD Docket 02/15/2013 Page 1 of 10 Case 1:13-cv-20571-DLG Document 1 Entered on FLSD Docket 02/15/2013 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASSIE TERRY v. Plaintiff, CARNIVAL CORPORATION

More information

FOLLOW THE SETTLEMENTS: BAD CLAIMS HANDLING EXCEPTION. Robert M. Hall

FOLLOW THE SETTLEMENTS: BAD CLAIMS HANDLING EXCEPTION. Robert M. Hall FOLLOW THE SETTLEMENTS: BAD CLAIMS HANDLING EXCEPTION By Robert M. Hall [Mr. Hall is a former law firm partner, a former insurance and reinsurance company executive and acts as an insurance consultant

More information

Cole, Scott & Kissane, P.A.

Cole, Scott & Kissane, P.A. Cole, Scott & Kissane, P.A. Miami - West Palm Beach - Tampa - Key West - Ft. Lauderdale West - Naples Jacksonville Orlando - Pensacola - Bonita Springs - Fort Lauderdale East Medical Malpractice Legal

More information

Maritime Injury Cases

Maritime Injury Cases Mailing Address: P.O. Box 34538 Seattle, WA 98124-1538 Maritime Injury Cases The following are the questions most frequently asked by our clients about Maritime injury cases. Obviously, the questions and

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008). STATE OF MINNESOTA IN COURT OF APPEALS A08-1108 Kimberly Russell, Appellant, vs. George

More information

v. Soldovere, 500 So.2d 568 (Fla.

v. Soldovere, 500 So.2d 568 (Fla. No. 70,109 DEPARTMENT OF TRANSPORTATION, Petitioner, v. PAIGE SOLDOVERE, Respondent. [January 28, 19881 McDONALD, C. J. The decision of the district court in this case, artme-ortatlon v. Soldovere, 500

More information

Creative Methods Used To Set-Up Bad Faith Claims Use Of Multiple Coverage Demands

Creative Methods Used To Set-Up Bad Faith Claims Use Of Multiple Coverage Demands MEALEY S TM LITIGATION REPORT Insurance Bad Faith Creative Methods Used To Set-Up Bad Faith Claims Use Of Multiple Coverage Demands by David A. Mercer, Esq. Butler Pappas Weihmuller Katz Craig LLP A commentary

More information

IN THE SUPERIOR COURT FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

IN THE SUPERIOR COURT FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS 1 1 1 1 0 1 IN THE SUPERIOR COURT FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS OFFICE OF THE ATTORNEY GENERAL ) Civil Action No. 01-0B and DIVISION OF IMMIGRATION SERVICES ) ) Petitioner, ) ) ORDER

More information

Case 1:12-cv-24537-CMA Document 1 Entered on FLSD Docket 12/27/2012 Page 1 of 5

Case 1:12-cv-24537-CMA Document 1 Entered on FLSD Docket 12/27/2012 Page 1 of 5 Case 1:12-cv-24537-CMA Document 1 Entered on FLSD Docket 12/27/2012 Page 1 of 5 World Fuel Services (Singapore) PTE Ltd. d/b/a Bunkerfuels, Plaintiff, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF

More information

www.mcgivneyandkluger.com

www.mcgivneyandkluger.com www.mcgivneyandkluger.com About Firm the Founded in 1994, McGivney & Kluger, P.C. has grown from a firm of four attorneys serving clients in one office in Florham Park, New Jersey, to a national firm of

More information

No. 04-3753 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. 427 F.3d 1048; 2005 U.S. App. LEXIS 22999

No. 04-3753 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. 427 F.3d 1048; 2005 U.S. App. LEXIS 22999 RONALD WARRUM, in his capacity as Personal Representative of the Estate of JOSEPH F. SAYYAH, Deceased, Plaintiff-Appellant, v. UNITED STATES OF AMERICA, Defendant-Appellee. No. 04-3753 UNITED STATES COURT

More information

LETTER-DECISION AND ORDER. Before the Court is the motion of Peter and Renee King ( Debtors ) to disallow in part

LETTER-DECISION AND ORDER. Before the Court is the motion of Peter and Renee King ( Debtors ) to disallow in part PETER A. ORVILLE, P.C. PETER A. ORVILLE, ESQ. Attorneys for Debtors 30 Riverside Drive Binghamton, New York 13905 MELVIN & MELVIN, PLLC LOUSE LEVINE, ESQ. Attorneys for Manufacturers and Traders Trust

More information

Client Alert May 2009

Client Alert May 2009 Client Alert May 2009 New Model Order of Maritime Attachment May Reduce Burden on Banks The use of maritime attachment orders to restrain electronic funds transfers may be significantly curtailed by the

More information

Premises Liability for Third Party Crime (Full Article)

Premises Liability for Third Party Crime (Full Article) Premises Liability for Third Party Crime (Full Article) Owners and managers of commercial property (including leased residential properties) can be held liable under civil negligence claims for harm to

More information

contribution-involves a sharing of the loss, or an apportionment among multiple tortfeasors

contribution-involves a sharing of the loss, or an apportionment among multiple tortfeasors 5. Must make a motion to obtain an order of attachment a. Affidavit submitted in support of attachment motion must show that one of plaintiff s causes of action fall into one of the five categories above.

More information

PERSONAL INJURIES AND DEATHS MALTA

PERSONAL INJURIES AND DEATHS MALTA PERSONAL INJURIES AND DEATHS MALTA This Guide explains national law when seafarers are injured or killed in a port in Malta or on a Maltese flagged ship. This document is not intended to be legal advice,

More information

Maritime Law Association Cruise Lines and Passenger Ships Committee Newsletter May 5, 2011 Volume 5, Number 1

Maritime Law Association Cruise Lines and Passenger Ships Committee Newsletter May 5, 2011 Volume 5, Number 1 Maritime Law Association Cruise Lines and Passenger Ships Committee Newsletter May 5, 2011 Volume 5, Number 1 In This Issue Shipboard Releases: The Next Battle Ground by Robert D. Peltz Recent Trends in

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

MEMORANDUM OPINION AND ORDER

MEMORANDUM OPINION AND ORDER +You Search Images Videos Maps News Shopping Gmail More legalmalguru@gmail.com 689 f supp 192 Search Advanced Scholar Search Read this case How cited Jordan v. Lipsig, Sullivan, Mollen & Liapakis, PC,

More information

Third District Court of Appeal State of Florida, July Term, A.D. 2012

Third District Court of Appeal State of Florida, July Term, A.D. 2012 Third District Court of Appeal State of Florida, July Term, A.D. 2012 Opinion filed September 19, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D12-353 Lower Tribunal No.

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1150

IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1150 IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1150 IN RE: PETITION TO AMEND RULE 4-1.5(f) OF THE RULES OF PROFESSIONAL CONDUCT / COMMENTS OF RAQUEL A. RODRIGUEZ, GENERAL COUNSEL TO GOVERNOR JEB BUSH, IN

More information

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010 Defense of State Employees: LIABILITY AND LAWSUITS UNCW Office of General Counsel January 2010 COMMON CAUSES OF ACTION (or what could we be sued for) Tort claims Contract claims Discrimination/Harassment

More information