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And now here's the Class Action Lawsuit

Onetrufan

By Onetrufan,
in Carnival Cruise Lines

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dwjoe

dwjoe

Posted
Posted

Thanks for the link.

 

I'm wondering how they will get around the "no class action" provision that is in CCL's ticket contract. (Sorry for the caps).

 

http://www.carnival.com/about-carnival/legal-notice/ticket-contract.aspx

13. CLASS ACTION WAIVER

 

THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST'S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST'S CLAIM IS SUBJECT TO ARBITRATION UNDER CLAUSE 12 (d) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES

FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 12 (d) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.

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dwjoe

dwjoe

Posted
Posted
Me, too. Such provisions are usually upheld by the court. There was a California case that went up to the US Supreme Court on the issue - contract required arbitration and forbade class actions, and the Court found it to be enforceable.

Indeed. And that despite a California state law to the contrary.

 

http://www.bloomberg.com/news/2011-04-27/at-t-unit-wins-arbitration-case-at-u-s-supreme-court.html

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songbird1329 "Live from...." Rare

songbird1329

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Me, too. Such provisions are usually upheld by the court. There was a California case that went up to the US Supreme Court on the issue - contract required arbitration and forbade class actions, and the Court found it to be enforceable.

 

Sent from my DROID RAZR using Tapatalk 2

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Cyn7

Cyn7

Posted
Posted

I notice it's the same attorney who's been on every possible News Talk Show he could be on over the past week.

 

Apart from the shipboard conditions caused by the cruise ship fire, Lipcon also points out that Carnival’s decision to tow the Triumph to Mobile, instead of the closer port of Progreso, Mexico, caused passengers to endure more time onboard the disabled vessel than was necessary, prolonging their exposure to disease, accidents and trauma.

 

If the basis of his claim for the lawsuit is that Carnival should have towed the ship to Progresso because it would have taken less time, then I would like to see all the people who are experts in ocean currents, sea towing and the like tear him to shreds in court.

 

I don't have disdain for all attorneys but this guy is an ambulance chaser at his finest.

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Cyn7

Cyn7

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They did not name a lead plantiff in the article, I wonder if the lawyers filed the suit, hoping someone would call wanting in, in order to proceed. Without a main plaintiff, and additional ones, the case is dismissed.

 

I was looking to see if i could find online access to the filing, i know how to find things on my local court's webpage. Where would we go to find this?

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songbird1329 "Live from...." Rare

songbird1329

Posted
Posted
I notice it's the same attorney who's been on every possible News Talk Show he could be on over the past week.

 

Apart from the shipboard conditions caused by the cruise ship fire, Lipcon also points out that Carnival’s decision to tow the Triumph to Mobile, instead of the closer port of Progreso, Mexico, caused passengers to endure more time onboard the disabled vessel than was necessary, prolonging their exposure to disease, accidents and trauma.

 

If the basis of his claim for the lawsuit is that Carnival should have towed the ship to Progresso because it would have taken less time, then I would like to see all the people who are experts in ocean currents, sea towing and the like tear him to shreds in court.

 

I don't have disdain for all attorneys but this guy is an ambulance chaser at his finest.

 

I'm loving his "spin". Want to see jow far it gets.

 

Sent from my DROID RAZR using Tapatalk 2

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songbird1329 "Live from...." Rare

songbird1329

Posted
Posted
They did not name a lead plantiff in the article, I wonder if the lawyers filed the suit, hoping someone would call wanting in, in order to proceed. Without a main plaintiff, and additional ones, the case is dismissed.

 

They have to have a lead plaintiff/ class representative.

 

But if you look at their whole site they are actively soliciting clients for the class action.

 

I don't think they can get the class certified. The back up plan is probably to have as many clients as possible for an individual suit. Costs shared by 10-20 plaintiffs, easier for the lawyer to proceed with the suit.

 

Sent from my DROID RAZR using Tapatalk 2

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Holders3

Holders3

Posted
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I'd love to see any stats on the amount of money any participant in a class action suit gets vs the monies the lawyers bill for years of litigation. Once I responded to a class action postcard just to see where it would go. Forgot all about it and got a check for $2.50 a couple years later.

 

Firms like this disgust me.

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songbird1329 "Live from...." Rare

songbird1329

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I'd love to see any stats on the amount of money any participant in a class action suit gets vs the monies the lawyers bill for years of litigation. Once I responded to a class action postcard just to see where it would go. Forgot all about it and got a check for $2.50 a couple years later.

 

Firms like this disgust me.

 

The lawyers get paid and the consumers get token settlements.

 

Sent from my DROID RAZR using Tapatalk 2

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Cruisin' Cool CAT

Cruisin' Cool CAT

Posted
Posted
I'd love to see any stats on the amount of money any participant in a class action suit gets vs the monies the lawyers bill for years of litigation. Once I responded to a class action postcard just to see where it would go. Forgot all about it and got a check for $2.50 a couple years later.

 

Firms like this disgust me.

 

They disgust me too.

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OHCruiser

OHCruiser

Posted
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The lawyers who solicit for these class action suits are the scum of the earth. They know damn well that they'll reap the $$ while the "class" will get $25 vouchers--if they're lucky.

 

I look forward to it not being certified and to all of them being dismissed. I hope that Carnival buries them under mountains of paperwork and expert reports.

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lilmsmuffet

lilmsmuffet

Posted
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If that was him he looked like a two-bit ambulance chaser..I would be ashamed to have my name even associated with the likes of him..what a sad bunch to be following him..and I commend all the cruisers who can look back and know sometimes bad things just happen to good ppl..I think Carnival did the best they could at the time and I am sure they to have learned from this..God brought them all home safely..

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Cyn7

Cyn7

Posted
Posted

I won't begrudge any one who had been injured on this cruise or any cruise a fair settlement.

 

From the reports, the only person I have heard of to this point, is the person who fell and broke her ankle that has a physical injury.

 

I know this makes me sound mean; and I am not belittling what the passengers on the Triumph went through; but I hope all those who are just seeking to sue because they are sue happy and somebody "owes" them get nothing, not even what Carnival has offered and they are added to the "No Sail List" for all Carnival Corp. Cruise Lines.

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