Cruise Ship Law

Several cruise operators who this week suspended calls to Mexican ports over the swine flu scare will divert ships to the Port of San Diego, giving the region an unexpected economic boost.

At least 12 unscheduled cruise ships will stop for the day, and in at least one case overnight, during the next two weeks. That could generate as much as $12 million for San Diego restaurants, retail stores and attractions, as well as companies that service and provide supplies to the cruise ships, according to a study by the Cruise Lines International Association.

The first two of the diverted cruise ships are expected to arrive today, carrying a collective 5,000 passengers. Princess Cruises' Sapphire Princess, which was diverted from Ensenada, will arrive about 7 a.m. and leave at 6 p.m., while Royal Caribbean's Serenade of the Seas, which skipped its Acapulco port call, arrives at noon and departs around midnight.

Another two diverted cruise ships, carrying a total of 2,300 passengers, will dock tomorrow. Cruise operators have arranged to have other ships dock through May 14.

“It's going to be bustling here,” said Marguerite Elicone, a spokeswoman for the port. “Economically, it's an added blessing that, unfortunately, came out of a bad situation. But we hope the passengers will get off the ships and try the shops and attractions along the waterfront.”

Major cruise-ship operators such as Carnival, Royal Caribbean International and Norwegian Cruise Line on Tuesday abruptly canceled port calls to Mexico, both for ships that were already sailing and for future voyages.

The temporary suspension of port calls in Mexico – most cruise operators have been vague about when the ban will be lifted – came after a recommendation by the U.S. Centers for Disease Control and Prevention to avoid nonessential travel to Mexico.

Among the cruise ships disrupted was the Elation, a Carnival ship that is berthed in San Diego. The ship makes twice-weekly cruises to Ensenada.

Because the Elation begins and ends its voyages in San Diego, rather than making a daylong or overnight port stop here, its economic impact is not as great for local businesses because passengers tend not to take local tours or wander around and browse, local retailers say.

Which is why some businesses in Seaport Village were feeling a little festive yesterday. It's as if Christmas – a bleak retail season last year as the economy tanked – is arriving now, with steamer trunks in tow.

“This will absolutely bring a huge increase in sales, without a doubt,” said Lindsay Martin, owner of California Original Sunglasses, a Seaport Village vendor. “Spring break is over and summer hasn't yet begun, so this will keep us a little busier.”

Terry Hall, general manager of Seaport Village, said her management team scrambled yesterday to hire a professional greeter to welcome passengers dockside, and a shuttle to ferry them to Seaport Village's 17 restaurants and 48 retailers.

“Believe me, shuttles are hard to find on short notice, but we'll have one running back and forth all day long,” Hall said. “We had to reroute a few things in the budget, but we figured the expense will be worth it.”

Jimmy Parker, a spokesman for the Gaslamp Quarter Association, said downtown retailers and restaurants are also looking forward to the temporary flood of cruise passengers.

Typically, cruise ships that dock in San Diego arrive early in the morning and depart before downtown shops and nightclubs get into full swing, Parker said. This time it appears the Gaslamp will get a crack at some of that business, he said.

“Based on the timing and the longer stays, it could be quite lucrative,” Parker said. “It certainly can't hurt, and it gives us another opportunity to showcase San Diego, so it is good for everybody.”

Whether the port gets additional cruise ships that make port calls in San Diego after May 14 is uncertain, because the course of the swine flu outbreak is unpredictable and the traditional cruise season winds down at the end of May, port officials said.

Posted by Lipcon Law Firm at 2:37 PM | Permalink

It was four years ago this month when a retired couple from Westminster disappeared off a cruise ship in the Caribbean. The family may never know what happened, but they are using that tragedy to try and change the law and make cruising safer.

The cruise was a Mother’s Day gift for his parents Hue Pham and Hue Tran of Westminster.

Son Michael Pham said “Mom and Dad deserve that. They worked very hard since we came her 30 years ago, retired and lived happily in Southern California.”

Then, Son Michael Pham got a call from his sister who was on the cruise with their parents.

“They told me They can’t find mom and dad and ship is in the middle of ocean...that’s the very beginning of our nightmare.” Son Michael Pham told us.

His parents were on a 7-day cruise from Puerto Rico on Carnival’s Destiny ship in May of 2005 when they disappeared. He says as the ship headed to Aruba—all that was found on deck was…

“Both my parents sandals my mom’s purse, and the book she was reading” said Son Michael Pham.

After a Coast Guard search and an FBI investigation, the authorities determined there was “ no evidence of...foul play” and closed the investigation. The cause of death “at sea” …“unknown”.

Reporter Ana Garcia asks, “Have you ever been told officially what happened to your family?”

Michael Pham: there was absolutely no effort by the cruise line whatsoever

Carnival cruises it has “provided its full support and cooperation to US authorities in their investigation”

Kendal carver knows Son Michael’s pain his daughter disappeared off a cruise ship. “We’re not looking for a piece of luggage, we’re looking for our daughter.”

Kendall Carver says his daughter Merrian of Cambridge Massachusetts went on a 7-day Celebrity cruise to Alaska on board the Mercury in August of 2004 and she disappeared. Carver claims Celebrity never notified the family she was missing. In fact it was the Boston Police that figured it out Merrian disappeared at sea after the family filed a missing persons report weeks after the cruise ended..

Kendall Carver says, “We later found out they took her items and gave them away to charity.”

Carver sued Royal Caribbean and settled for an undisclosed amount. Royal Caribbean contends it did not know Merrian was missing until the family notified them. The company says they then notified the FBI. They say they have since changed their policy to require all passengers to “swipe their computerized ID cards to confirm all guests have disembarked.”

“I can’t change them...Son Michael Pham’s family can’t change them but maybe if we got together as a group maybe we would have a chance of taking on this industry.” Explained Kendall Carver.

Carver’s family tragedy outraged some on Capitol Hill including Massachusetts Senator John Kerry. Carver was called to testify at Washington hearings.

Kendall Carver testifying in DC, “For us to figure out what happened on that cruise ship I had to hire an international detective agency.”

Son Michael Pham also testified about his tragedy...he and Carver have now become activists through the International Cruise Victims Association. And they have a friend in California Congresswoman Doris Matsui.

“Everybody believes that the cruise ship is the safest place to be. It’s not.” Says Congresswoman Doris Matsui.

Congresswoman Matsui and Senator Kerry are pushing Congress to pass the Cruise Vessel Security and Safety Act; a bill supporters say would make vacations at sea a lot safer

“Just a peephole would be very helpful” says Congresswoman Doris Matsui.

So I took a cruise from LA on Royal Caribbean’s Monarch of the Seas.

On the Monarch of seas ship Reporter Ana Garcia says “The cruise ship safety bill in Washington would require all cabins to have peepholes and safety latches. My cabin doesn’t have either of them.”

That was last October. My cabin did have a deadbolt, but no additional latches. The cruise bill also proposes raising guardrail height on ships to “54 inches” or 4 and half feet to reduce the number of people falling overboard. We measured the Monarch’s railing, it was a about foot shorter than that.

Ana says, “42 inches” About the same as Carnival’s which are 44 inches according to the company. The bill would also require new technology to detect when a passenger falls overboard.

Vicki Freed senior VP of Royal Caribbean says, “people should feel very safe aboard our ship” Vicki Freed says, “All of our new ships are being built with peepholes" Royal Caribbean told us since our investigation, they have installed peepholes on “all guest staterooms” and the installation of peepholes on the Monarch was completed in February. Royal Caribbean says its “ships meet or exceed safety and security requirements. “ Guest staterooms have deadbolts locks which cannot be overridden by an electronic key card.

Carnival Cruises says, “all passenger stateroom doors throughout Carnival’s 22-ship feet have peepholes”

Congresswoman Matsui says, “Senator Kerry and I are absolutely committed to this.” Son Michael Pham, “every mother’s day now is different for us because it’s not mother’s day anymore. On mother’s day we get together and it’s a memory day for our mom and dad.” Kendall carver visibly upset says, “It’s taken a long time to get to this point.

Ana asks Kendall, “Have you even had a funeral?”

Kendall says, “No.”

Royal Caribbean and Carnival cruises say they follow the safety standards required by an international treaty know as “Safety of Life at Sea” or SOLAS which sets standards for things like guardrail heights and number of lifeboats. It was established after the Titanic disaster. The proposed bill we just outlined would go beyond those guidelines for ships sailing in the US.

Posted by Lipcon Law Firm at 3:05 PM | Permalink

A 3-year-old boy suffering from appendicitis on a cruise ship was transported to a Wilmington hospital by an Elizabeth City-based Coast Guard helicopter early Wednesday.

According to a Coast Guard release, a physician aboard the cruise ship Carnival Miracle requested a medical evacuation for the child Tuesday evening. The Coast Guard relayed the message from Miami to Portsmouth, Va., and on to Elizabeth City.

An HH-60 helicopter was dispatched but later showed signs of engine malfunction during a refueling stop at Cherry Point. A second helicopter was sent, reaching the Carnival Miracle off the coast of Wilmington about 7 a.m., according to the air station’s public affairs officer, Lt. j.g. Jason Gale.

The crew took him to the New Hanover Regional Medical Center in Wilmington for treatment. No further update on his condition was available late Wednesday afternoon, Gale said.

The crew included pilot and aircraft commander Lt. Cmdr. Adam Kerr, co-pilot Ensign Luis Llanes, rescue swimmer Petty Officer 3rd Class Bradley Pigage, flight mechanic Petty Officer 3rd Class Alex Mangum, and flight surgeon Capt. Albert Exner.

Posted by Lipcon Law Firm at 2:35 PM | Permalink

Five of the world's largest cruise lines suspended all stops in Mexico on Tuesday because of the swine flu outbreak, dealing another blow to that country's battered tourism industry.

The situation could mean additional cruise ship business at two Southern California ports of call, San Diego and Santa Catalina Island.

"We hate to benefit from some else's misery, but it's great if we get cruise ships every day for seven days straight," said Donna Harris, marketing director for the visitors bureau on Catalina, where cruise ships ferry passengers to shore in small boats.

"We are happy to welcome the cruise passengers who come," said Kate Buska, a spokeswoman for the San Diego Convention and Visitors Bureau. "It's a great place for cruisers to visit."

Carnival Corp. and Royal Caribbean Cruises Ltd., the world's two largest cruise lines, made the announcement in response to recommendations from the U.S. Centers for Disease Control and Prevention to avoid nonessential travel to the country. Princess Cruises, which is owned by Carnival Corp., along with Holland America Line Inc., one of the oldest cruise lines in the world, and Norwegian Cruise Line Corp. Ltd. also suspended all stops to Mexico.

To avoid docking in Mexico, the cruise lines either will route ships to alternative ports, such as San Diego or Santa Catalina Island, or will spend additional time at sea. Passengers already on the ships are unlikely to get a refund because of the change in itineraries, but travelers who are scheduled to take a cruise to a Mexican port may be offered a chance to switch to a ship with a different route, such as cruises to Alaska. No cases of swine flu have been reported on any cruise ships that have docked in Mexico.

"We hope people will understand that this is beyond our control," said Karen Candy, a spokeswoman for Princess Cruises. "We understand there will be some disappointment."

The Mexican cruise business has exploded, with the number of passengers more than doubling since 2000. Although destinations like the Caribbean and the Mediterranean draw many more passengers, Mexico is one of the world's top 10 destinations for cruise lines, with nearly 6.5 million passengers in 2008, according to the Cruise Lines International Assn.

A spokesman at Ensenada's party hot spot, Papas & Beer, said business has not dropped significantly in the last few weeks. But he wondered if the decision by the cruise ship lines could sink many ports of call businesses.

"We are very worried," said the spokesman, who declined to give his name.

The announcements are another blow to Mexico's economy, which has been reeling from the fallout of the swine flu outbreak that began in Mexico and is popping up across the globe.

Cruise line representatives said the ships that were already out at sea Tuesday have been rerouted to avoid Mexican ports. Decisions about whether to cancel, reschedule or reroute future ships destined for Mexico are on hold, pending meetings with health officials, the cruise lines said.

For example, the Sapphire Princess, a luxury boat that holds 2,600 passengers in 750 cabins, left from San Pedro on Saturday for a seven-day cruise, with a stop scheduled for Tuesday in Puerto Vallarta, followed by ports of call in Mazatlan and Cabo San Lucas later in the week.

Instead, the ship remained off the coast of Mexico on Tuesday and was rerouted to San Diego and Santa Catalina Island, said Candy of Princess Cruises.

"Now, they have two ports to stop at instead of three, so there will be extra time at sea," she said.

So far, cruise line passengers seem to be taking the news in stride.

Mike Driscoll, editor of Cruise Week, an industry newsletter based in Brookfield, Ill., said he has heard of no widespread cancellations.

"Everyone is taking a wait-and-see approach," he said.

The reaction from cruise passengers who were sending online messages to blogs and other websites from the ships echoed those sentiments.

Laura Sterling, community manager for CruiseCritic.com, an online cruise line review site, sent the following message from the Carnival Spendor on Tuesday, off the Mexican coast:

"We just received word that we'll be making an unscheduled 'technical' stop in Cabo this afternoon at 2:45 pm. No one will be debarking. Speculation among the hosts and myself is that we'll be heading north soon afterward, and maybe porting in San Diego and/or Catalina?. . .

"Mood on board seems fine at this point. I suspect people really aren't paying that close attention to what the captain is saying. . . . I'm pretty sure our [Mexican Riviera] ports are history. Fine w/me actually, we're enjoying these sea days. There's a pretty great daytime atmosphere on board," Sterling wrote.

But Lucy R., a retiree from Los Angeles, posted Sunday on CruiseCritic.com, saying she planned to cancel a cruise to Mexico for fear of contracting swine flu.

"I am a 'Nervous Nellie' because I am an old lady who can't afford to get seriously ill with the swine flu. I will miss cruising on the Carnival Splendor but I can cruise later when things improve," she wrote.

Posted by Lipcon Law Firm at 10:04 AM | Permalink

As the swine flu outbreak worsened, some cruise lines began cancelling stops in Mexican ports while tourists mulling trips to Mexico quickly changed plans.

Three Carnival cruise ships scheduled to make port calls today were called off and Princess Cruises diverted two more. Both companies said in statements that they were deliberating what to do with upcoming cruises.

"We hope that our passengers will understand that these changes were beyond our control and that we have provided them with an attractive, alternative itinerary," Princess Cruises said in a statement on its Website.

Holland America Line announced it was also cancelling all port calls to Mexico for the rest of April and May, affecting five cruises.

Concerned that cruise ship passengers and staff could spread swine flu locally, Palm Beach County commissioners called this morning for cruise companies to allow penalty-free cancellations as airlines are doing.

Commissioner Shelley Vana suggested stopping cruises altogether.

"As a South Florida area, can we have some sort of action that says 'Stop the cruises for a while?'" Vana asked. "I don't want to overreact, but we are all responsible for our districts."

Seven million vacationers a year travel through Port Everglades in Fort Lauderdale and the Port of Miami, said Commission Chairman Jeff Koons. But decisions on travel are up to federal authorities.

Peter Shah, an agent at Legend Travel and Tours in West Palm Beach, said he contacted clients who were thinking about going to Mexico, and they're changing their plans, heading for The Bahamas or the Caribbean instead.

The Palm Beach County Health Department's assistant director, Dr. Alina Alonso, told commissioners that her agency is making sure that arriving travelers are being told to report to a physician if they feel unwell.

Those who appear sick are being reported to the health department so they can be tracked by an epidemiologist, she said.

"There will be no forced isolation or quarantine at this point. It is all going to be voluntary," Alonso said. "This is a marathon. This is not a hurricane that will be over in a week. This will be ongoing for a long time, so we have to pace ourselves."

Posted by Lipcon Law Firm at 10:10 AM | Permalink

HOUSTON – A member of the crew on the U.S.-flagged ship hijacked by African pirates sued the owner and another company Monday, accusing them of knowingly putting sailors in danger. Richard E. Hicks alleges in the suit that owner Maersk Line Limited and Waterman Steamship Corp., which provided the crew, ignored requests to improve safety measures for vessels sailing along the Somali coast.

Hicks was chief cook on the Maersk Alabama. Pirates held the ship's captain hostage for five days until the U.S. Navy rescued him.

Hicks' lawsuit seeks at least $75,000 in damages and improved safety.

Officials for Norfolk, Va.-based Maersk Line and Mobile, Ala.-based Waterman said their companies don't comment on pending litigation.

Hicks asked that the two companies improve safety for ships by providing armed security or allowing crew members to carry weapons, sending ships through safer routes, and placing such safety measures on ships as barbed wire that would prevent pirates from being able to board vessels.

"We've had safety meetings every month for the last three years and made suggestions of what should be done and they have been ignored," Hicks said. "I'm just trying to make sure this is a lot better for other seamen."

Hicks also asked the two companies pay at least $75,000 in damages, saying he doesn't know if he will ever work on a ship again.

"My family is not looking forward to me going back out to sea. But I'm not sure if I'm going back. I'm still nervous, leery. I might find something else to do, said Hicks, who has worked 32 years as a merchant seaman.

"We think (the companies) should be more concerned about the personnel on their ships than the profits the companies make," said Terry Bryant, Hicks' attorney.

Both companies do business in Texas, which is why the suit was filed in Houston, he said.

Pirates took over the Alabama on April 8 before Capt. Richard Phillips surrendered himself in exchange for the safety of his 19-member crew. The captain was taken on a lifeboat and held hostage for five days before U.S. Navy SEAL snipers on the destroyer USS Bainbridge killed three of his captors and freed him.

Hicks said crew members have been trained on what to do if pirates or others threaten the ship.

"We need more than training," said the 53-year-old who lives in Royal Palm Beach, Fla., and has two grown sons. "I never thought nothing like this would ever happen."

Posted by Lipcon Law Firm at 10:08 AM | Permalink

An exploding carbon dioxide canister injured a cruise ship passenger at Port Everglades on Sunday, the Broward Sheriff's Office said.

The accident happened at about 10 a.m. in the 2000 block of Eller Drive when a worker threw a fire extinguisher into the back of a truck. The extinguisher exploded, shot out the truck's window and hit a passenger getting off a cruise ship, knocking him to the ground, BSO said.

Paramedics took the passenger to Broward General Medical Center in Fort Lauderdale with non-life-threatening injuries.

A second container exploded about a half hour later when a crew member aboard a ship was unloading a carbon dioxide canister. The nozzle was jostled and the canister exploded out of his arms. No one was hurt in that incident, BSO said.

Posted by Lipcon Law Firm at 9:56 AM | Permalink

The 1,064-passenger MSC Melody is changing course to steer clear of pirates off the coast of Somalia.

In a statement issued early Friday, the Italy-based line said recent events in the region has prompted it to order the vessel -- currently on a three-week cruise from Durban, South Africa to Genoa, Italy -- further out to sea as it passes around the pirate-plagued Horn of Africa.

The new routing will add 400 miles to the ship's travels and force it to skip a port call in Safaga, Egypt -- gateway to Luxor and other Egyptian ruins and a highlight of voyages through the region.

The ship will go ahead with calls at Aqaba, Jordan (gateway to the ruins of Petra) and Sokhnan, Egypt (a jumping off point for daytrips to the pyramids of Giza). The new itinerary also will offer more time in the Seychelles with an overnight stop at Port Victoria.

"MSC Cruises always places the safety and comfort of its guests before all other considerations," the line said in the statement.

MSC says the new itinerary adheres to the navigation recommendations of the International Maritime Organization (IMO) and the Maritime Security Centre for the Horn of Africa, a coordination center run by the EU Naval Force to safeguard shipping in the region.

Posted by Lipcon Law Firm at 3:32 PM | Permalink

GEORGE TOWN: A 49-year-old man went missing while his wife was rescued after they accidentally fell from a cruise ship about 15 nautical miles south of Pulau Kendi.

Shetty Kasturi Nithyanda, 47, who has been admitted to a private hospital in stable condition, and her husband Shetty Noojady Nithyanda, fell about 20m into the sea at 10am yesterday.

Rescue efforts by the Malaysian Maritime Enforcement Agency and Marine Operations Force were still going on at press time.

Marine Operations Force Region I commander Asst Comm Zainul Abidin Hasan said they received a call at 10.20am and an eight-man rescue team was immediately sent to the scene.

“The state Fire and Rescue Department and Marine Department are also helping in the rescue work.

“We are also trying to determine how they fell from the ship, which was from Singapore,” he said.

Posted by Lipcon Law Firm at 2:13 PM | Permalink

The stricken cruise ship Aurora has arrived back in Britain amid the threat of legal action from passengers.

Engine trouble forced the ship to miss out three ports in New Zealand and two in the Pacific Islands on the £16,000 per passenger round-the-world trip. It meant passengers for 22 days of the 93-day trip, passengers visited just two ports.
P&O said passengers will receive compensation including £500 and a refund of the cost of four days' cruising.

But the protest group - dubbed the Aurora Committee - is threatening to sue the company for compensation. It is just the latest in a history of failings and bad luck for the ship after the naming ceremony bottle failed to smash.

Speaking after disembarking in Southampton, Hants, committee member Jennifer Dunthorne, 63, said: "I have just retired and this cruise is not something that I could afford to do again - it was a once in a lifetime chance to see some amazing places. "We paid a lot of money for this cruise - some people even said they had saved for 20 years. "There were people spending wedding anniversaries onboard and their cruise was ruined." Problems on the 76,000-tonne Aurora began within hours of leaving Sydney Harbour last month when it developed engine problems. The ship limped to Auckland, New Zealand, where the 1,736 passengers were told each day for six days that the ship could not leave port. This meant missing out on stops at Wellington, Napier, Bay of Islands, and Moorea and Tahiti in French Polynesia.

A spokeswoman for P&O said: "In recognition of this we have since offered a compensation package which we believe to be a fair reflection of the disruption to the cruise." On her maiden voyage, passengers were compensated a total of £6 million after the ship broke down in the Bay of Biscay and had to return to port. In 2003 the norovirus bug affected a high number of passengers. And in January 2005 P&O cancelled a much-delayed world cruise because of propulsion system problems on the 200 million pounds ship. Last year hundreds of passengers had to undergo tests on board Aurora to see whether they had contracted a deadly strain of hepatitis.

Posted by Lipcon Law Firm at 2:19 PM | Permalink

JACKSONVILLE, Fla. – The National Transportation Safety Board has launched an investigation of the fatal power boat accident that killed five people and injured nine on Florida's east coast.

"We are looking at the man, the machine and the environment," NTSB member Deborah A.P. Hersman said at a Monday afternoon briefing.

Hersman revealed that there were 14 people in the 22-foot power boat that crashed into the rear of the tug at about 7 p.m. Sunday near Palm Valley in St. Johns County, about 25 miles southeast of Jacksonville. Investigators had earlier said 12 people were aboard the boat.

The NTSB is working with the Florida Fish and Wildlife Conservation Commission, the U.S. Coast Guard and the St. Johns County Sheriff's Office.

NTSB investigators will look over evidence collected by local authorities and interview witnesses and crash survivors.

Hersman said the NTSB doesn't investigate many boating accidents, but said this case with five fatalities and nine injuries met the agency's criteria for a serious accident that warranted special attention.

"Our investigations are very comprehensive and we leave no stone unturned," she said.

The primary focus is to learn lessons that can be applied to prevent future accidents, Hersman said.

Six accident victims are being treated Shands Jacksonville hospital. Two were in critical condition Monday, one was in serious condition and three were in fair condition. Authorities have not said where the other three survivors were being treated.

Debi Davis and her husband Herb, who live near the accident scene, watched as rescuers pulled the victims from a narrow section of the waterway.

"You could hear screaming as they pulled one woman out on a gurney board," Davis said.

Visibility was clear when the power boat hit the tug, but Davis said she was surprised by the amount of damage and the death toll.

"I don't know how they could have missed it, the tug is hard to miss," she said.

Davis said the waterway is usually busy on Sundays.

The five killed all died at the scene, said Joy Hill, a spokeswoman for the Florida Fish and Wildlife Conservation Commission. They were identified as Jacqueline R. Allen, 44, of Jacksonville; Robert Trenton Craig, 23, of Jacksonville Beach; Elizabeth L. Rosenfeld, 20, of Ponte Vedra Beach, Fla.; Inmaculada Pierce, 42, of Orange Park, Fla.; and Olivia Rose Carretero, 23, of South Lake Tahoe, Calif.

The injured were identified as Justin Thomas Moore, 23, Melvin D. Bethel, 37, and Jacqueline M. Collins, 23, all of Ponte Vedra Beach; Karey Rae Cavicchioli, 19, and Britney Nicole Joyce, 19, both of Jacksonville Beach; and Jaimie A. Hole, 22, and Amanda Barton, 22, both of Santa Rosa, Calif. Authorities also said that Josh Moore, 19, and Frank Moore, age unknown, both from California, hometown unknown, survived.

"Investigators are looking at anything that may have caused this," Hill said. That includes the speed and capacity of the boat, lighting conditions and whether alcohol may have been a factor.

Investigators have been tightlipped about what they have learned.

Chuck Mulligan, a spokesman for the St. Johns County Sheriff's Office, said deputies and paramedics had to scramble to find construction material to build a bridge to the victims on the pier under construction.

"They did this knowing time was critical and once medical treatment was given those patients, they would be need to be brought off the crash site and on the makeshift dock," Mulligan said.

Posted by Lipcon Law Firm at 10:06 AM | Permalink

NEW ORLEANS, LA - JOSEPH BRUSSEL, 26, a resident of St. Louis, Missouri, pled guilty in federal court yesterday before U.S. District Judge Eldon E. Fallon to one count of assault within the special maritime jurisdiction of the United States, announced U. S. Attorney Jim Letten.

According to court documents, BRUSSEL was a passenger on board the Carnival Cruise Ship Fantasy, which had set sail April 5, 2008 on a cruise from New Orleans to the western Carribean. BRUSSEL had joined family members and friends as members of a wedding party on the cruise. On the second day of the cruise, BRUSSEL was in the disco lounge aboard the ship drinking wine from a glass while on the dance floor, and appeared to be intoxicated. A ship security officer advised BRUSSEL that alcohol was not allowed on the dance floor, as was stated on the posted rules in the disco. BRUSSEL became argumentative and as the officer escorted him off the dance floor, BRUSSEL struck him in the face with the wine glass, which shattered, cutting the officer in several places. As BRUSSEL attempted to flee the disco, he was arrested by other security officers in a nearby hallway.

Upon sentencing, which is scheduled for July 15, 2009, BRUSSEL faces a maximum term of imprisonment of ten (10) years and is subject to a $250,0000 fine.

The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U. S. Attorney Peter M. Thomson.

Posted by Lipcon Law Firm at 1:30 PM | Permalink

The ScanEagle entered service with the U.S. Navy in 2005. In addition to the United States military, the Australian Army also operates the ScanEagle UAV. As well the Canadian Government announced in August 2008 that they would lease the ScanEagle for use of their military operations in Afghanistan.

On 18 March 2008 Boeing, with ImSAR and Insitu successfully flight-tested a ScanEagle with a Nano-SAR radar mounted aboard. The Nano-SAR is the world’s smallest Synthetic Aperture Radar, weighs two pounds and is roughly the size of a shoe box. It is designed to provide high quality real-time ground imaging through adverse weather conditions or other battlefield obsurants.

On 10 April 2009 a ScanEagle launched by the US Navy observed an escape attempt by Capt. Richard Phillips.

Phillips, Captain of the MV Maersk Alabama, was held captive by Somali pirates in the Indian Ocean after a failed hijack attempt.

Mearsk information release

Norfolk, Va., April 12, 2009: Maersk Line, Limited was informed by the U.S. government at 1330 EDT today that Captain Richard Phillips has been rescued. John Reinhart, President and Chief Executive Officer of Maersk Line, Limited, called Captain Phillips’ wife, Andrea, to tell her the good news. The crew of the Maersk Alabama was jubilant when they received word Mr. Reinhart said, “We are all absolutely thrilled to learn that Richard is safe and will be re-united with his family.

Maersk Line, Limited is deeply grateful to the Navy, the F.B.I. and so many others for their tireless efforts to secure Richard’s freedom. We join Richard’s family, his crew and his colleagues ashore in celebrating this wonderful news. We look forward to welcoming him home in the coming days.”

Mr. Reinhart will hold a media briefing in Norfolk, Va., later on Sunday. Details will follow.

The primary contact for information at Maersk Line, Limited is Kevin Speers at +1 (757) 531-7873. Please note this new telephone number.

Maersk Line Limited has established an email address
where concerned persons from around the world may send messages of support for the
captain, crew and families of the Maersk Alabama. The address is: maerskalabamasupport@maerskline-usa.com

Posted by Lipcon Law Firm at 9:31 AM | Permalink

Reports of the death of pro bono work in Florida have been greatly exaggerated, at least according to attorneys recently interviewed by the Central Florida Law Journal.

“We find that our pro bono initiative helps us retain high quality attorneys,” said Orlando-based Ed Baxa, chairman of the National Pro Bono Committee for Foley & Lardner LLP. “Lawyers are not used to being idle. We work hard to match the skill sets of lawyers to pro bono projects.”

Foley & Lardner has made great strides over the years in its pro bono initiave. The firm says the increase in the number of attorneys putting in pro bono work has enabled the firm to from 23,000 hours in 2006 to more than 40,000 in 2008.

The goal is 50,000, Baxa said.

But while Foley & Lardner’s success in its pro bono initiative continues to grow, that rate of achievement is not typical in law today. A recent survey commissioned by the Florida Bar, called Pro Bono: Looking Back, Moving Forward, shows a 30 percent decline in lawyers doing free work.

The Rules of Professional Conduct for Florida include that attorneys have a goal to each year to provide 20 hours of pro bono legal services for the poor or contribute $350 to a legal aid organization in lieu of service. A variety of reasons undermine the ability to reach the goals.

According to the study, from 2000-2006 the percentage of attorneys reporting pro bono legal services was stagnant at 52 percent. During the same time period, the Florida pro bono programs for the poor reported a 30 percent decline in the number of attorneys who provided pro bono legal services through the programs.

But the study indicates there are varying reasons for the decline. Those interviewing with Central Florida Law Journal cited mainly time constraints.

“There is no shortage of altruism among our attorneys,” Baxa said. “And we are aware that there is an increasing need for pro bono work, for instance in the area of foreclosures. But we also know that the increase in foreclosure work won’t last forever.”

Lonnie Groot, of counsel with Stenstrom, McIntosh, Colbert, Whigham & Partlow PA, reckons his management of pro bono work to a popular athletic slogan.

“I don’t want to sound trite, but you ‘Just do it,’” he said. “Especially in the area of family law, if you have a widow or someone in need, you have to help. Also, I participate in Florida Law-Related Education, where you teach school students about the legal system. I feel that, basically, everyone has time constraints, but you just get it done. You don’t take your foot off the gas.”

The Florida bar recently honored 22 lawyers for their pro bono work.

Posted by Lipcon Law Firm at 3:05 PM | Permalink