Cruise Line Law Reporter - November/ December 2005 Issue
Case Summaries From Issues Important to Admiralty & Maritime Claims Against Cruise Lines
CASES COVERED IN THIS ISSUE:
1. Plaintiffs Who Were Part Of Operating Crew Of Casino Boat Were Seaman And Therefore Exempted From Fair Labor Standards Act Pertaining To Overtime
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2. Shipowner Allowed To Bring Claim Against Seaman For Indemnity With Respect To Property Damage
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3. Exoneration Granted With Respect To Seaman's Injury Claim In Limitation Proceeding
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4. Owner For Limitations Purposes Included Management And Operations Company For The Vessel
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5. Admiralty Jurisdiction Applied To Personal Water Craft. Plaintiff Failed To File Timely Remand To State Court Under Savings To Suitors Clause.
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6. Operated Herniated Disc Award Of About $70,000 For Seaman On Fish Processing Vessel.
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7. Barbetta Followed In Case For Bad Medical Care On A Vessel. This Conflicts With Another Decision From The Same District Court As Well As The Carlisle Decision Which Was Recently Argued In The Florida Supreme Court
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8. Being A Ship's Captain Is Not Enough To Be An Expert In A Lifting Case.
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9. Dock Winch Did Not Qualify As Appurtenance Of Vessel For Purposes Of Unseaworthiness
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10. Forum Selection Clause In Passengers Ticket Enforced. Case Transferred To Miami, Florida
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11. Magistrate Recommended That Ship Owner's Counterclaim Against Seaman For Attaching Vessel For Maintenance And Cure After Three Years From The Date Of Injury Be Denied
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12. Sanctions Entered For Failure To Pay Maintenance And Cure As Previously Ordered By Court
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13. Before Filing Suit Against United States Under Suits In Admiralty Act, Administrative Remedies Must Be Strictly Followed
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CRUISE LINE LAW REPORTER ARCHIVES:
Previous Issues available in the Cruise Line Law Reporter (CLLR) Archives.
COMMENTS?
Questions? Comments? Email Charles R. Lipcon with any comments or cases that you think should be included.
