White Island erupts.

[MicCanberra]

I think a settlement would arise anyway.

[GUT2407]

1 hour ago, MicCanberra said:

I think a settlement would arise anyway.

So many matters settle just because the economies say they should, the cost of litigation is enormous (thank goodness) without even factoring the risk of an unexpected verdict and the the cost of having staff engaged in preparation and then for the litigation itself. I can’t count the number of times I have advised people to settle, or pay more than is a realistic expected result and save money.

 

even something as common as family law property settlement it is often more economical to pay, or accept $50k to $100k early rather than pay lawyers, take multiple days off work etc. and this applies to almost every area of litigation commercial reality often says pay up.

 

Then you need to factor in possible bad press.

[MicCanberra]

Yep, I think an early settlement would save money and reputation.

[Beanb41]

This will IMO be handled by an ambulance chaser on commission so it will be protracted

[Vader1111]

On 6/8/2020 at 7:12 PM, Beanb41 said:

The ships home ports may not be in the USA but Carnival Corporation the owner of the ship is.

 

While both Carnival Corp and Royal Caribbean are headquartered in the USA, neither is an American company.  Carnival is incorporated in Panama, and Royal Caribbean in Liberia. 

 

Actually, I'm not sure how Carnival is relevant to a discussion about the White Island disaster, given that Royal Caribbean is a completely separate company, and not a Carnival subsidiary.

 

Neither Carnival, nor Royal, are American companies - which is why the US Govt was so reluctant to provide them with any financial assistance when CV-19 began to impact their operations.

Edited June 9, 2020 by Vader1111

[GUT2407]

12 hours ago, Beanb41 said:

This will IMO be handled by an ambulance chaser on commission so it will be protracted

The ambulance chaser as you like to call them, can only act for someone willing to sign up.

[Beanb41]

39 minutes ago, GUT2407 said:

The ambulance chaser as you like to call them, can only act for someone willing to sign up.

They will be there just wait and see especially if as normal in "Class Actions" lawyers will take the case for free based on a percentage of monies received often around 20% . These type of cases are not the norm down under but are common in the USA

[Beanb41]

6 hours ago, Vader1111 said:

While both Carnival Corp and Royal Caribbean are headquartered in the USA, neither is an American company.  Carnival is incorporated in Panama, and Royal Caribbean in Liberia. 

 

Actually, I'm not sure how Carnival is relevant to a discussion about the White Island disaster, given that Royal Caribbean is a completely separate company, and not a Carnival subsidiary.

 

Neither Carnival, nor Royal, are American companies - which is why the US Govt was so reluctant to provide them with any financial assistance when CV-19 began to impact their operations.

My guess is that wont save them

 

[MicCanberra]

Someone will always pay and while there may be a winner, there will be at least 2 losers.

[Beanb41]

all those that died and were injured were losers. A lot more than two. RIP

[GUT2407]

43 minutes ago, Beanb41 said:

They will be there just wait and see especially if as normal in "Class Actions" lawyers will take the case for free based on a percentage of monies received often around 20% . These type of cases are not the norm down under but are common in the USA

Actually you are wrong on a number of counts.

 

1. Class action cases are very common in Australia.

 

2. What can’t happen here is to take a percentage of damages, a lawyer can take a matter on no win no fee basis, and can charge about 25% more an their normal fee if they win, so if they normally charge $400 per hour they can bump it to $500, but can’t say you got $1mill In damages so I am taking a % of that.

 

3. In USA it is way more than 20%, indeed I can bu half of the damages.

 

but the lawyer wears the costs f a lot case in USA so even there they aren’t very interested in taking on cases wit no prospects of success.

[Kiwi Kruzer]

Interesting article on on ownership of White Island and White Island Tours.....

 

Whakaari/White Island boat tours generate $4.5m a year for iwi
 

https://www.stuff.co.nz/business/118125541/whakaariwhite-island-boat-tours-generate-45m-a-year-for-iwi

[Beanb41]

2 hours ago, GUT2407 said:

Actually you are wrong on a number of counts.

 

1. Class action cases are very common in Australia.

 

2. What can’t happen here is to take a percentage of damages, a lawyer can take a matter on no win no fee basis, and can charge about 25% more an their normal fee if they win, so if they normally charge $400 per hour they can bump it to $500, but can’t say you got $1mill In damages so I am taking a % of that.

 

3. In USA it is way more than 20%, indeed I can bu half of the damages.

 

but the lawyer wears the costs f a lot case in USA so even there they aren’t very interested in taking on cases wit no prospects of success.

I accept that Class Actions are common in Australia. Would be interested in hearing what some of the susccesful ones have been.

 

[GUT2407]

2 hours ago, Beanb41 said:

I accept that Class Actions are common in Australia. Would be interested in hearing what some of the susccesful ones have been.

 

Well it can be hard to define success in court cases but there was the recent class action against the RAAF over fire fighting foam, it was a settlement so terms are under lock and key but some seem very happy with the result others not so happy.

 

[GUT2407]

There was also the class action over Victorian bush fires judgement for 500 mil I think. Thee was one against the banks over fees and charges that is heading to the High Court on appeal by ANZ.

 

[MicCanberra]

delete

[By The Bay]

22 hours ago, Beanb41 said:

I accept that Class Actions are common in Australia. Would be interested in hearing what some of the susccesful ones have been.

 

I was one of thousands that received compensation in a successful class action over Nurofen products in 2018. Source