NCL New Sail Safe

[Lil2Angelic]

Just now, Lil2Angelic said:

It doesn't have to become a long drawn out lawsuit..Carnival can request a summary judgement..very quick

sorry meant to say NCL

[BlerkOne]

5 minutes ago, Lil2Angelic said:

It doesn't have to become a long drawn out lawsuit..Carnival can request a summary judgement..very quick

Why would Carnival help the competition get restarted first? Carnival still has to satisfy the requirements of the pollution case and there isn't much evidence indicating that they have.

[Stallion]

27 minutes ago, Lil2Angelic said:

sorry meant to say NCL

NCL wouldn't be able to move for summary judgment until at least 5-6 months of discovery and its not a summary judgment case because it will involve fact issues and complicated expert witness testimony-you can also expect appeals even in the unlikely event of a summary judgment

[Lil2Angelic]

22 minutes ago, BlerkOne said:

Why would Carnival help the competition get restarted first? Carnival still has to satisfy the requirements of the pollution case and there isn't much evidence indicating that they have.

I said that I meant to say NCL in my comment after the one you quoted here

[Lil2Angelic]

2 minutes ago, Stallion said:

NCL wouldn't be able to move for summary judgment until at least 5-6 months of discovery and its not a summary judgment case because it will involve fact issues and complicated expert witness testimony-you can also expect appeals even in the unlikely event of a summary judgment

totally disagree..but we'll have to see how this plays out..I do believe the cruise lines have the CDC backed into a corner

[BlerkOne]

10 minutes ago, Lil2Angelic said:

I said that I meant to say NCL in my comment after the one you quoted here

Never mind... It won't let me edit my post.

[Stallion]

If anything, a quicker remedy might be TRO or injunctive relief but again  federal judge would have to find that a federal agency abused its discretion in determining proper procedure during a pandemic. That's a very high standard because federal courts are required to give deference to the findings of federal agencies which are presumed to be a rational exercise of their power. In addition a federal judge would likely deny the TRO remedy at least until final hearing since that would maintain the status quo until final hearing. Also, subject to appeal and likely a huge TRO and/or appellate bond

Edited April 8, 2021 by Stallion

[BlerkOne]

During pandemic days, I don't think anything is moving fast. The IRS is bigly backed up and I think the courts are too. It took months for the plates for my new vehicle instead of weeks.

[ontheweb]

4 hours ago, Stallion said:

If anything, a quicker remedy might be TRO or injunctive relief but again  federal judge would have to find that a federal agency abused its discretion in determining proper procedure during a pandemic. That's a very high standard because federal courts are required to give deference to the findings of federal agencies which are presumed to be a rational exercise of their power. In addition a federal judge would likely deny the TRO remedy at least until final hearing since that would maintain the status quo until final hearing. Also, subject to appeal and likely a huge TRO and/or appellate bond

Thanks, I have in other threads mentioned the deference courts give decisions by administrative agencies, but you have explained it much more precisely.

[ontheweb]

5 hours ago, Lil2Angelic said:

It doesn't have to become a long drawn out lawsuit..Carnival can request a summary judgement..very quick

They can request anything they wish to request, but it does not mean they will get it.

[firefly333]

7 hours ago, Lil2Angelic said:

It doesn't have to become a long drawn out lawsuit..Carnival can request a summary judgement..very quick

People are a lot more optimistic regarding moving the cdc than I am.