Costa Concordia SINKING

[antsnanny]

I wonder if there is ever anyway I can find out who it was that saved us in that lifeboat

 

If you go Facebook and search "Crew of the Costa Concordia" you will find crew members, perhaps you can send a message to one of them, they might be able to help. Good luck.

[Feelin' Nauti']

Originally Posted by Feelin' Nauti'

You are right!

The Captain will never have the luxury to sail a ship in open sea.

 

Not true!

 

He just will never be paid to sail on the open seas........and I doubt that he will sail anything over 50 feet in length.

 

His old tenders (lifeboats) were longer!

I said SHIP not dingy.

[Maritime51]

Venue? You must be kidding. Maritime torts, such as one arising under the Jones Act, are transitory and can be brought anywhere the defendant can be served with valid process. Now, forum non conveniens is another matter....

 

As for subject matter jurisdiction, state or federal court is fine, but just remember, there is no in rem jurisdiction in state court (not that anybody is going to arrest that vessel!).

 

Geez, who are you guys?

 

Part of relevant statute:

 

For purposes of venue under this chapter, a defendant that is a corporation shall be deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced. In a State which has more than one judicial district and in which a defendant that is a corporation is subject to personal jurisdiction at the time an action is commenced, such corporation shall be deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State, and, if there is no such district, the corporation shall be deemed to reside in the district within which it has the most significant contacts.

[Uniall]

Venue? You must be kidding. Maritime torts, such as one arising under the Jones Act, are transitory and can be brought anywhere the defendant can be served with valid process. Now, forum non conveniens is another matter....

 

As for subject matter jurisdiction, state or federal court is fine, but just remember, there is no in rem jurisdiction in state court (not that anybody is going to arrest that vessel!).

 

Geez, who are you guys?

 

As I understand the case, it was filed in the United States District Court for Northern Illinois (of which I'm a member of the Trial Bar) which has jurisdiction over actions in Maritime Torts. We are in agreement that this court has jurisdiction over the subject matter and parties (Plaintiiff is from Chicago).

 

But, the question becomes whether proper venue may reside in another federal court * (employment contracts signed by employees) AND as you say forum of convenience OR transfer for consolidation for Judical economy. (*how many contracts have been signed in other federal districts when we know of only one in Chicago)

 

If I've learned anything in 42 years of practicing law, there are no absolute certainties. That's why you have a judge and multiple lawyers.

[Maritime51]

As I understand the case, it was filed in the United States District Court for Northern Illinois (of which I'm a member of the Trial Bar) which has jurisdiction over actions in Maritime Torts. We are in agreement that this court has jurisdiction over the subject matter and parties (Plaintiiff is from Chicago).

 

But, the question becomes whether proper venue may reside in another court by contract (employment contracts signed by employees) AND as you say forum of convenience OR transfer for consolidation for Judical economy.

 

If I've learned anything in 42 years of practicing law, there are no absolute certainties. That's why you have a judge and multiple lawyers.

 

That's a forum selection clause, most of which are void under the general maritime law of the United States.

 

If there is one thing I've learned as a member of the bar in multiple jurisdictions, it's that there are lots of puffed up clowns who think years make up for lack of substantive knowledge.

 

Who mentioned certainty? I surely didn't.

 

Oh, and venue doesn't "reside," it is "laid."

 

Nor does forum non conveniens necessarily contemplate consolidation of actions in any forum.

 

Say, do you think just maybe a forum selection clause in one's articles just might be either unconscionable, an adhesion contract or just plain ole unreasonable under the substantive law of contracts (general maritime law)? I mean, do you really think this guy or any other crew member freely negotiated these terms with the shipowner?

 

So, let's say the guy's motion to certify the class is heard tomorrow, do you really think any U.S. District Court Judge is going to enforce the class representative's forum selection clause and likely put all the claimants in a jurisdiction that enforces the Athens Convention?

 

Heck, you can bet this will turn into a limitation action in the U.S., and the shipowner will be denied it having privity or knowledge of the cause of the loss.

 

How about them apples?

 

Oh, by the way, I've only been a trial lawyer for 35 years, but, oddly enough, the state bars I'm admitted to don't distinguish between "trial" and "non-trial," nor do the District Courts in which I am admitted.

[MR NW GUY]

http://www.king5.com/news/local/Cruise-Ship-Survivor--138238114.html

 

A passenger's comments - Via, Washington State.

[BalconyBumz]

http://www.king5.com/news/local/Cruise-Ship-Survivor--138238114.html

 

A passenger's comments - Via, Washington State.

 

Actually, if I was on that ship and that happened to me, I don't think I'd ever cruise again either. Even with my love of cruising, I don't think I could shake that or ever be happy on a cruise again. It's hard enough thinking about it not being there, which has dampered my feeling for wanting to go on a cruise soon, which I will cruise again, but I wouldn't if I went through that.

[SomeBeach]

It's in the fine print.

http://www.foxnews.com/travel/2012/01/27/costa-concordia-civil-lawsuit-to-be-filed-in-miami-may-face-legal-hurdle/

[Ozcruiser1]

Many a good conversation can be held between people who have differing opinions, as has been seen in many of the over 5,000 posts on this thread, but I feel that this has been spoilt . A community forum needs differing views but doesn't have to have nasty posts. I think that this has been a most informative thread, and I would like for it continue in good spirits.

[dmwnc1959]

Webcam grab taken as night turns into day Jan. 28, 2012 at the island of Giglio and the wreck of the Costa Concordia, now just over two weeks since the night of the accident.

 

[Hebersgyll]

Actual footage of the Oceanos sinking.

 

Wow! What amazing footage... thanks for posting it Ozcruiser1. It makes me think:

 

Hey, perhaps we got this 'Women & children first' thing wrong and its 'Captain and crew first' after all. Cruise ships don't sink all that often do they? Is it in the drill for the skipper to be the first to jump ship?

 

Nor did I realise that you can get first and second class tickets from sinking ships. I see the captain took a first class so he could take all his luggage with him. Very considerate guy that captain!

 

Whatever, you can always rely on the ship's entertainers to put on a great show! Look what happened here. Someone must have tipped them well so they pulled off their 'Sinking Ship' production!

 

And those ships' photographers....never, never give up for one moment do they? Look here, ......the ship's slipping down beneath the waves and they keep right on clicking away. Mind you, this footage makes my album of cruise photographs look positively boring. I woder if there's any chance of a refund?

[mickey_d_mouse]

:) be happy

[Wehwalt]

I tend to agree that the US lawsuits will eventually be dismissed or transferred. There is no great public policy which will be outraged by making cruise passengers sue in Italy. Yes, they may not recover as much, but that's not a matter of public policy. And all the evidence, as has been pointed out, and all the witnesses, are in Italy.

[sidari]

If there is one thing I've learned as a member of the bar in multiple jurisdictions, it's that there are lots of puffed up clowns who think years make up for lack of substantive knowledge.

 

I had to laugh at this i recall a similar situation whereby a guy who had been in the military police in the UK joined the Fire Service, on his First temp job as crew manager(junior officer) he said to the watch.. Experience counts for nothing!! some of them had been there for 25 years or more!

 

Anyway moving on this Clown ended up moving to a different Fire Service where he was promoted beyond his ability, he thought he was being clever by sending one of the Fire Trucks at the station he was in charge of to a Fire that did not exist! sadly he did not get Sacked but demoted to Firefighter.. just goes to show that those who live in Glass Houses should not throw stones ..... :eek:

[shipfriend_max]

I think the pumping out process has begun.

http://www.cruisenewsdaily.com/

http://cnd-cruiseblogger.blogspot.com/2012/01/costa-details-offer-to-passengers.html

http://cnd-cruiseblogger.blogspot.com/2012/01/costa-details-offer-to-passengers.html

 

That's the first part of removing the ship...

 

[De La Cruise]

Many a good conversation can be held between people who have differing opinions, as has been seen in many of the over 5,000 posts on this thread, but I feel that this has been spoilt . A community forum needs differing views but doesn't have to have nasty posts. I think that this has been a most informative thread, and I would like for it continue in good spirits.

 

Agree. See how sparks can fly over an innocent remark like the one by Mickey D. on the Mason-Dixon line!

 

However, its important to maintain civility at all times. We can agree to disagree without getting personal!

 

Don't worry Mickey D. - No offense should have been taken over your posts. We know where you're coming from.

[Ozcruiser1]

Agree. See how sparks can fly over an innocent remark like the one by Mickey D. on the Mason-Dixon line!

 

However, its important to maintain civility at all times. We can agree to disagree without getting personal!

 

Don't worry Mickey D. - No offense should have been taken over your posts. We know where you're coming from.

 

Agree with you on that one De La Cruise,(may I use Tom?)

I felt we were able to have an interesting few posts that did generate an interesting line of conversation amongst others as well.

With good intention and as you nicely put it, civility, we can all get along.

 

As it turns out the Mason-Dixon marker stones would be something that I'd be interested in seeing. Now if it weren't for that post i would have never known about them.:)

[Milaandra]

How are the numbers skewed?

 

When you first added the bit about undecideds not being included, I thought you meant that they weren't considered as a yes or a no, not that they would be considered a non-vote.

 

Which means that the question was solely for people who had already judged Schettino. Which is odd, considering the law is based on the premise that the accused is innocent until proven guilty (or in the case of Italian law, non-guilty until proven guilty) and a reasonable doubt is interpreted as a non-guilty verdict.

 

There were many clear and unequivocal "no" answers. By all means consider those as verdicts in your public opinion trial. But to ignore the undecided vote (okay...yes...me) and say that 100% of people found him guilty is contrary to the rules of mathematics and the rules of law. According to criminal law, if we were a 16 member jury making a verdict, my answer would, in fact, make it impossible for a guilty verdict, wouldn't it? (Based on my extensive knowlege of the law gleaned from Hollywood blockbusters and the novels of John Grisham :D)

 

While I don't expect to be considered as hanging the jury, I do think that my answer should have been considered as a "non no".

 

Your conclusion was that of those who responded to the question, 100% found him guilty. Since I responded and I didn't find him guilty, I refute that percentage.

 

So there! :D

[blackshirtuk]

Hey I didnt mean to offend anyone, and I was told by someone the line I meant was called the Mason dixon line, sorry if I upset anyone I certainly didnt mean to.

 

Just to lighten the mood, one of my favourite songs from my favourite guitarist Mark Knopfler

 

All about the Mason Dixon line!

 

[IRL_Joanie]

Hey I didnt mean to offend anyone, and I was told by someone the line I meant was called the Mason dixon line, sorry if I upset anyone I certainly didnt mean to.

 

You did not offend me!! I am from what would have been considered North of the Original Mason Dixon Line. I can be rude and crude when I wish to be, which is almost never. But I can also be the most genteel and sweetest person alive, literally dripping honey:) Just depends on who I am with and my mood at the time.

 

unfortunately Australian sarcasm has a different effect on people I did not mean to offend it is just my personal experience over 30 years of travelling, maybe its just people from Wisconsion, Michigan, New York Chicago etc seem to get my weird sense of humour, not syaing anything else cause I dont want to cause more offense sorry Charles

Michelle, PLEASE continue to speak up!!! As you may have noticed there are only one or two posters who seem to take offense at various statements made on this thread. 99.99% of us DO UNDERSTAND YOU and are not offended!!!

 

Joanie

[IRL_Joanie]

I wonder if there is ever anyway I can find out who it was that saved us in that lifeboat

I hope you can find them. It would be a wonderful thing to be able to:)

 

Joanie

[PizzaJohn 7]

Having travelled to many countries and having met all types of personalities I can safely say that demeanor is not a function of geography. :)

 

Ah, but culture can be. The origin of this discussion, in part, was an observation that Italians do not queue (get in line) but push and elbow their way to the buffet muttering scusi, scusi.

 

It what they do, it's a Nationality trait that differs from ours. I being British understand that the British the Americans etc. queue, nicely but some Brits don't. The Italians I live with and join the scrum, those Brits, on the other hand, I abhor.

[IRL_Joanie]

Many a good conversation can be held between people who have differing opinions, as has been seen in many of the over 5,000 posts on this thread, but I feel that this has been spoilt . A community forum needs differing views but doesn't have to have nasty posts. I think that this has been a most informative thread, and I would like for it continue in good spirits.

 

re: Nasty Posts/Posters and Red Triangle.

 

Hit the Red triangle to the right of the post number and report the offensive post/poster to the Hosts/Moderators of this forum. Explain to them why you find the post(s) and or Poster(s) offensive and ask for the appropriate action to be taken.

 

He/she will be dealt with appropriately and hopefully quickly and all offensive posts, and those quoting the same will be removed as well.

 

You are right, we had a few bumps in the beginning of this thread, but we were able to get past them and come to silent agreements of common good sense.

 

Please do not let one or two offensive posts throw your good sense to the wind!!

 

Just make sure that when you reply to an offense post(s) or Poster(s) you DO NOT Quote their comment(s) in your reply!!

 

Joanie

[Milaandra]

Another woman found on the sixth deck. No additional information at this point.

 

http://www.guardian.co.uk/world/2012/jan/28/costa-concordia-divers-find-body?newsfeed=true

[IRL_Joanie]

:) be happy

:DJust noticed your Signature:

 

COSTA CONCORDIA - 5 hours Friday 13th January 2012

 

Could not help but laugh (AFTER I cleaned the coffee off of my monitor and keyboard):D

 

Love your sense of humor Michelle, absolutely LOVE IT!!

 

Joanie