What Happened to Disney Youth Counselor Rebecca Coriam on the Disney Wonder Cruise Ship One Year Ago?

jwalker@cruiselaw.com (Jim Walker) — Wed, 21 Mar 2012 10:37:44 GMT

The following is a copy of a press release issued today regarding the disappearance of Rebecca Coriam:

What Happened to Rebecca?

One year ago tomorrow, twenty-four year old Rebecca Coriam disappeared from the Disney Wonder. Rebecca worked aboard the Wonder as a youth counselor. She was responsible for taking care of the children aboard the cruise ship. Rebecca was last seen just before dawn on March 22, 2011, and then she did not report to work at 9.00 AM. Disney Cruise Line listed Rebecca as "missing at sea."

A police officer in the Bahamas is responsible for the investigation of Rebecca's disappearance because Disney Cruise Line registered its cruise ship in that country.

Rebecca's family, Mike and Ann Coriam from Chester, England, have received little information from either Disney or the Bahamas regarding what happened to Rebecca in the early morning hours of March 22, 2011. It has been one year since Rebecca has been lost. The family has more questions than answers at this point.

Rebecca's Parents Retain Miami Maritime Lawyer Jim Walker to Help Find Answers

To help find information about what happened to their daughter, the Coriam family retained maritime lawyer Jim Walker of the Miami-based law firm of Walker & O'Neill. Mr. Walker is an internationally know lawyer whose practice focuses on cruise ship matters, including disappearances of passengers and crew members and crimes on the high seas.

"In this day and age," Mr. Walker commented, "it is inconceivable that anyone would vanish from a cruise ship - particularly a ship catering to families and children - without the circumstances being recorded by closed circuit television cameras. I am deeply troubled by the lack of cooperation and transparency demonstrated by Disney."

Rebecca's disappearance has received attention in the United Kingdom. The Guardian newspaper, among many others, published an article "Rebecca Coriam - Lost at Sea."

Rebecca's case has been discussed in the House of Commons in England. Her MP, Stephen Mosley, says Disney was “ "more interested in getting the ship back to sea than in investigating the case of the missing member of their crew." He also stated “it’s appalling” that only one policeman from the Bahamas – “an authority internationally recognized as almost toothless” – was called to investigate. He said “flag of convenience” countries such as the Bahamas – as they’re called in the shipping world – shouldn’t be left to conduct these kinds of investigations.

Countries as far away as Australia have demonstrated interest into what happened to Rebecca. Australia's "Dateline" recently aired a special program, "Lost at Sea," which you can watch here.

Coming to America

The United States media, so far, has demonstrated little interest in the case, although Disney and its cruise line, the Magical Cruise Company, are based in the U.S.

The Coriam family will be traveling to the U.S. seeking information about their daughter. If you have information about Rebecca or if you are interested in interviewing them or discussing the matter with their counsel, Jim Walker, please use the contact information below.

Jim Walker:

Telephone: 305 995 5300

Email: jim@cruiselaw.com

Web: Cruise Law News

Coriam family:

Telephone: 011 44 774 735 9968

Email: help@rebecca-coriam.com

Web: Rebecca Coriam

Washington State Court Rules On Punitive Damages In Maintenance and Cure Claim - Orders Icicle To Pay Injured Fisherman Over 2 Million Dollars

Tue, 20 Mar 2012 19:05:48 GMT

Beard Stacey & Jacobsen, LLP has established a landmark decision for an injured seaman before the Washington State Supreme Court. The ruling yesterday declares that there is no pre-established arbitrary cap on a seaman’s right to punitive damages for the...

Accepting Dana Clausen’s team of lawyers’ arguments, the Washington State Supreme Court denied Icicle Seafoods’ attempt to cap a seaman’s right to punitive damages. In Clausen v. Icicle Seafoods, Inc., Case No. 85200-6, the Washington Supreme Court upheld a jury verdict of 1.3 million dollars in punitive damages against Icicle. The jury found Icicle’s conduct in refusing to pay the injured seaman’s medical bills and maintenance in an amount of $35,000 to be willful, wanton and malicious conduct, and that it was financially motivated. The Court rejected Icicle’s argument that the Supreme Court’s decision in the Exxon Valdez case required that there be a one-to-one ratio of compensatory damages to punitive damages. The Washington Supreme Court stated the policy and purpose of punitive damages is to punish and deter egregious conduct and rejected Icicle’s argument that punitive damages should be capped based upon the size of the underlying claim. The Court noted that, because of Icicle’s conduct, Clausen, who had suffered a back injury in a lifting accident aboard Icicle’s vessel, had been forced into poverty and was forced to move into a broken down wreck of a travel trailer while trying to live on just a $20 a day living allowance.

The Clausen decision is also notable as it ruled compensatory attorney fees, as well as punitive damages, are available to injured seamen who are wrongfully denied benefits. Icicle’s argument that attorney fees were not to be considered as part of the compensatory award was rejected, as was their argument that the attorney fees must be decided by the jury.

During the Clausen trial, defense trial counsel was held to have breached the discovery rules and was sanctioned. In a separate post trial proceeding involving the Washington State Bar Association, defense trial counsel received further sanctions. These sanctions revolved around the failure to produce a secret medical report commissioned by Icicle. The undisclosed medical report recommended injections and surgery for Clausen, but the information was never disclosed to Clausen.

The threat of punitive damages in maintenance and cure cases serves a vital and critical role in the system of justice for injured seamen and fishermen. The Supreme Court of the United States has declared that maintenance and cure benefits are to be free of uncertainties and should be liberally administered. Over the past twenty years without the threat of punitive damages, many vessel owners have ignored their maritime obligation and wrongfully withheld benefits, causing severe hardship to their injured workers. The Washington Supreme Court decision yesterday, together with the Supreme Court of the United States decision in Townsend v. Atlantic Soundings, will ensure in the future that maintenance and cure benefits are promptly and fairly provided to injured seamen. In the past two years since the decision in Townsend and the trial court’s decision in Clausen, the average maintenance rate for injured seamen has more than doubled, and vessel owners have been far more responsive to seamen’s needs for medical care.

Jim Jacobsen of Beard Stacey & Jacobsen, and Larry Curtis represented Dana Clausen during the two-week jury trial. They associated Phil Talmadge, a retired Supreme Court Justice, for purposes of appeal. The 7-2 Clausen decision was issued by the Washington Supreme Court on March 15, 2012 and can be found at Case No. 85200-6.

SCOTUS Decides Longshore Case - When is Claimant "Newly Awarded Compensation"?

mmm@hawaiilawyer.com (Mark M. Murakami) — Tue, 20 Mar 2012 18:18:33 GMT

Longshore Wonks - Take Heed. The Roberts v. Sea-Land case is hot off the press and the Supreme Court says, a claimant is "newly awarded compensation" when the claimant first becomes disabled and thereby becomes statutorily entitled to benefits, no...

Longshore Wonks - Take Heed. The Roberts v. Sea-Land case is hot off the press and the Supreme Court says, a claimant is "newly awarded compensation" when the claimant first becomes disabled and thereby becomes statutorily entitled to benefits, no matter whether, or when, a compensation order issues on his behalf.

The decision is here. Near unanimous decision authored by Justice Sotomayor. Justice

Ginsburg concurred and dissented.

The issue in this case is when an injured longshore worker's "Average Weekly Wage" is to be determined: at the time of the entitlement to an award of compensation or the actual award of compensation.

The statutes in question used the term "newly awarded compensation" but didn't define the particulars of that event. So, the Court picked an event. Justice Ginsburg would have picked a different timeframe.

This has more to do with a calculation of damages in Longshore cases rather than a rewrite of federal worker compensation laws, but if we see any commentary that suggest it could go elsewhere, we'll post!

Background Materials

The transcript of oral arguments is here. (Of note: Justice Scalia was unimpressed with Congress' statute-writing ability, asking the counsel if this was a "stupid statute.")

-------------------------------------------

The Question Presented is:

The Longshore and Harbor Workers’ Compensation Act, as amended, 33 U.S.C. §§ 901-50 (“Longshore Act”), provides generally for compensation for total disability in periodic payments at a rate of two-thirds of the “average weekly wage of the injured employee at the time of the injury,” and for most partial disabilities the same fraction of the difference between that weekly wage and the worker’s residual “wage-earning capacity.” Id. §§ 8, 10, 33 U.S.C. §§ 908, 910. But it has always imposed upper and lower limits on the rate payable as so determined. Section 6(b) of the Act, 33 U.S.C. § 906(b), provides that the compensation rate cannot be more than twice “the applicable national average weekly wage,” as determined for each fiscal year; nor can compensation for total disability be less than the lesser of half the “applicable national average weekly wage” so determined and the worker’s full pre-injury earnings. The question which fiscal year’s limits are the “applicable” ones is addressed by § 6(c):

Determinations under subsection (b)(3) of this section with respect to a [fiscal year]
shall apply to employees or survivors currently receiving compensation for permanent
total disability or death benefits during such period, as well as those newly awarded compensation during such period.

33 U.S.C. § 906(c) (emphasis added). The determinant of the years whose limits are “applicable” under this provision has divided the three courts of appeals that have addressed it. The Court granted certiorari to resolve the question:

Whether the phrase “those newly awarded compensation during such period” in Longshore Act § 6(c) makes the time an award is first entered determinative, or can and should be read to mean “those first entitled to compensation during such period,” regardless of when an award is first entered.

The Merits Reply Brief is here (courtesy of Cockle Law Blog). Earlier posts including the cert petition phase briefs are here and here.

Silversea Silver Shadow Collides with Container Ship

jwalker@cruiselaw.com (Jim Walker) — Mon, 19 Mar 2012 14:34:02 GMT

CNN iReport contains a first hand account from a passenger describing a collision between Silversea Cruises' Silver Shadow cruise ship and what is being described as a Vietnamese container ship near Halong bay, Vietnam. The report indicates damage to both the cruise ship and the container ship. The passenger's account and a photograph of the damaged container ship are below:

"We're on Silversea silver shadow cruise ship and we just collided with a Vietnamese container ship near Halong bay, Vietnam. We slammed into the side of it, in thick fog

The other ship was severely damaged, and crew hurt, damage to our ship is being asessed in hong kong. Passengers were called to muster stations.

Our ship has a hole in the bow, heres a pic of the other ship, it was struck in two places - their bridge, and we ripped a large tear in the side too.

I have more pics of the damage, sending this from my cellphone.

Many Brits and U.S. on board

Cruiseline is down playing incident but its serious.

Andrew lock

Sent from my iPhone"

Update: Silversea Cruises issued a press statement this morning, admitting only that a “minor incident” occurred last Friday (March 16th) as the cruise ship was approaching Ha Long Bay, Vietnam. “Silver Shadow incurred limited minor dents, and guests’ safety was never compromised . . . the ship is fully operational and continued on its course to Ha Long Bay where all shore tours operated normally. Silversea will carry out a full investigation into the incident.”

Silvereas is mum regarding the extent of the damage to the container vessel or whether there were casualties aboard the other vessel.

Silverseas did not release information until after the collision was reported on CNN and then mentioned repeatedly on Twitter.

If you have additional information, photographs or video, please leave a comment below.

Photo credit: Andrew Lock via CNN iReport

Has the Cruise Industry Already Forgotten the Costa Concordia?

jwalker@cruiselaw.com (Jim Walker) — Mon, 19 Mar 2012 05:00:25 GMT

I have been out of town for the past week with my family on spring break vacation, returning last night to Miami. But I have been my usual self reading up on the latest cruise news.

It seems that the cruise lines enjoyed a great time last week of self-generated good news. The Cruise Shipping Miami (CSM) event ran its predictable course. The cruise convention broadcast the industry's post-Concordia talking points where the cruise executives and trade organization representatives competed with one another extolling on the cruise industry's great safety record. Few facts, lots of self-serving opinions. No independent thinkers challenged the false feel-good cruise prophets.

Many of the cruise articles I read online contained cruise advertisements from Silversea Cruises showing a cruise ship sailing dangerously close to the rocks somewhere in the Mediterranean.

Have the cruise marketers learned anything?

After the CSM propaganda extravaganza ended, the cruise convention attendees piled into cabs for a night out drinking.

Lots of private parties. Lots of laughing faces posted on Twitter. Royal Caribbean's CEO Richard Fain joked at the RCCL dinner about the first Costa Concordia question coming just 18 minutes into dinner. He had to delay sucking down his shrimp cocktail to think of the cruise talking points - this was a freak accident, caused by a renegade captain, which unfairly tarnished a cruise industry with a fantastic safety record.

If you interviewed everyone at the cruise shipping convention, you would get one opinion - cruising is safe. But ask them the names of the Minnesota couple who died in the disaster? No one would have clue.

Is it that easy to forget the names of the drowned just two months ago? Or did the cruise executives ever bother to learn the names of the dead in the first place?

Columbia River Bar Pilot Rescued After Fall Overboard From Ship

Wed, 14 Mar 2012 18:46:21 GMT

It was the middle of the night when Columbia River Bar Capt. Debbie Dempsey fell overboard just west of the Columbia River Bar on March 5th. Capt. Dempsey had guided a grain ship over the treacherous bar and was climbing down a jacobs latter to return to the Pilot Boat COLUMBIA when the fall occurred. Bar pilots do not wear survival suits and, instead, use a type of lighter float suit that is equipped with a water-activated strobe and emergency radio beacon. In Captain Dempsey’s case, the crew of the Pilot Boat COLUMBIA was able to quickly locate Capt. Dempsey and get her back aboard the pilot boat.

In 2006, Captain Kevin Murray was working heavy weather as a Columbia River Bar Pilot when he fell in a similar transfer, losing his life. Investigation into Captain Murray’s death in a subsequent maritime wrongful death claim brought by Beard Stacey & Jacobsen revealed a number of deficiencies in the Columbia River Bar Pilots’ training and procedures. Columbia River Bar pilots now vigorously train in search and rescue procedures. The cause of Capt. Dempsey’s accident will be investigated by the Columbia River Bar Pilots, as well as probably the United States Coast Guard and the NTSB.

Cruise Shipping Miami 2012 - Cruising is Safe, It Really Is, Trust Us

jwalker@cruiselaw.com (Jim Walker) — Tue, 13 Mar 2012 15:14:04 GMT

I am out of town with my family on Spring Break for a couple of days. This morning I was on my computer reading the Twitter feed for Cruise Shipping Miami 2012.

As all of you know, the Cruise Shipping Miami event (previously known a SeaTrade) is the annual event sponsored by the cruise industry where the cruise line vendors, excursion companies, port agencies, and foreign tourism boards fill the Miami Beach Convention Center advertising their services.

It sounds like a rather surreal environment this year.

The Mexican tourism people are telling everyone how extremely safe Mexico is. Let's not talk about the 22 Carnival cruise passengers robbed at gunpoint last month.

Cruise Line International President Christine Duffy - two weeks after her disastrous performance before the U.S. Senate where she was chastised for a lack of candor - started off her moderation of the cruise line president's discussions with the usual talking points about the cruise industry's incredibly safety record.

Carnival president Howard Frank said cruise ships are safe and his Costa crewmembers were the "true heroes" in the Costa Concordia disaster. A Celebrity Cruise president and a NCL captain raved about the safety of cruise ships and so on and so forth.

If you ran a computer analysis of the words spoken by the cruise line leaders at the convention, "safe," "incredibly safe" or "remarkably safe" would be at the top of the list.

But the first two months of this year have been as disastrous a period of time for cruising as I have ever seen. Not just the Concordia capsizing and the Allegra ship fire. There have been nine gastrointestinal sickness outbreaks in 2012, a new record. Plus a steady stream of child molestation cases, crewmembers and older passengers raping teenage girls, deaths and overboard crew and passengers, including another highly suspicious disappearance of yet another woman during a recent cruise.

Cruise experts like Professor Ross Klein, who maintains the most comprehensive list of cruise ship overboards, norovirus cases and cruise mishaps - are not invited, and are not welcome, at the cruise convention.

We will read newspaper accounts from the cruise friendly press and travel agent publications reciting the safety "facts" touted by the cruise industry as the Gospel Truth.

This is the cruise industry's happy fest. Critics, complainers or independent thinkers stay away.

Cruising is safe, remarkably safe, the cruise executives say. Repeat after us - cruising is safe. It really is. Trust us.

Now can I sell you a discounted cruise to Mexico?

Warrenton F/V LADY CECILIA Lost Off Washington Coast – Four Crewmen Missing

Mon, 12 Mar 2012 20:41:52 GMT

Early Saturday morning an EPIRB signal set off a search for the Warrenton-based fishing vessel LADY CECILIA and its four member crew. Coast Guard helicopters located a debris field, oil slick, and life raft just north of the Columbia River, 17 miles west of the Washington Coast. An extensive search failed to locate any of the vessel’s four crewmen, and they are presumed lost at sea. The lost crew was identified by the Coast Guard as David Nichols and Jason Bjaranson of Warrenton, Oregon; Luke Jensen of Ilwaco, Washington, and fisheries observer Chris Langel of Kaukauna, Wisconsin.

The LADY CECELIA is a 62-foot dragger owned by Dave Kent of Bay City, Oregon. Few details are known about the vessel at this time other than it was first registered in Oregon in 1991. Under Federal Regulations, vessels such as the Lady Cecelia are required to carry regularly serviced life rafts and survival suits, and crews are required to regularly be trained in safety procedures. Unfortunately, safety inspections of vessels such as the Lady Cecilia are not mandated by regulation.

Complicated Federal Maritime laws govern remedies available to families of crewmen lost in fishing accidents. Frequently, vessel owners utilize an archaic law called the Limitation of Liability Act to attempt to limit compensation available to the families of lost crew.

Fishing Vessel Chevelle Crashes on Rocks at Newport

Mon, 12 Mar 2012 18:16:35 GMT

The fishing vessel CHEVELLE collided with the jetty near Newport, Oregon on Friday and is reportedly breaking up in heavy weather. One witness described crab pots shifting on the vessel after it took a hard roll while crossing the bar. The 70-foot crab vessel is owned by Chad Hall of Newport. Fortunately, the four crewmen aboard the vessel all survived the incident. Three crewmen were airlifted to safety by the Coast Guard, and the fourth crewman was able to climb onto the jetty and make his way to shore. Salvage operations cannot get under way until the weather subsides. There is some concern that the vessel may break apart and sink, obstructing passage to the harbor. The incident is under investigation by the Coast Guard.

Alaska Crewman Lost Overboard From Glacier Spirit

Mon, 12 Mar 2012 18:13:17 GMT

A crewman was washed overboard and presumed drowned from the 42-foot GLACIER SPIRIT on Friday. The accident happened near Sand Point, Alaska. Weather conditions at the time of the accident were reported to be 25 mph winds with 12-foot seas. The Coast Guard unsuccessfully searched a forty square mile area for the missing crewman. Details of the accident were not available; however, this accident again reinforces the need for all deckhands to wear work vests and train regularly in man overboard procedures.

Miami Herald Continues to Publish Puff Pieces for Its Cruise Line Friends

jwalker@cruiselaw.com (Jim Walker) — Mon, 12 Mar 2012 05:17:54 GMT

Let me place my biases front and center.

I am no fan of the Miami Herald. it's beholden to the cruise industry which pays it for cruise advertising ads. The Herald's "business" editor, Jane Wooldridge, is the former travel editor for the newspaper. Although she graduated with me from Duke in 1980, she is at the opposite of the spectrum. She unabashedly praises the cruise lines whether they are right or wrong.

I have written some unflattering articles about both the Miami Herald and Ms. Wooldridge which you can read here, here and here.

Unlike the L.A. Times, the New York Times, or other newspapers with some sense of investigative journalism and professional integrity, the Miami Herald is a journalistic mistress to the Miami-based cruise lines.

So it was no surprise to me that when Carnival CEO Micky Arison decided to give his first interview after the Costa Concordia disaster, he picked his friends at the Miami Herald. They were happy to offer up some softball questions for Mr. Arison for him to pitch the cruise industry's talking points.

Arison and the Carnival president Howard Frank touted the wonderful safety record of its subsidiary Costa, saying such unchallenged drivel as: "we as a company do everything we can to encourage the highest safety standards."

Arison whined: “No matter what I would’ve done, I think I would’ve been criticized.”

He touted Carnival as offering a "great vacation value, a great product, a safe product at a fantastic price.”

The assessment by Arison's next in command Howard Frank was more of the same, referring to Costa as a "great company and a great brand, with a terrific management team and with a great future."

Today, the cheer-leading by the Miami Herald continues in its article "Getting the Cruise Industry Back on Course."

The Herald touched on the recent troubles afflicting the Costa brand with the capsizing of the Costa Concordia and the fire aboard the Costa Allegra, as well as cruise over-boards and norovirus cases. However, it was careful to call upon cruise line executives and cruise lines fans to place the cruise into a positive light.

The article calls upon the usual cruise line shills like Carolyn Spencer Brown, who recently wrote an article for Conde' Nast Traveler. She falsely represented that no one died on the latest Carnival cruise ships which caught on fire - read my open letter to Ms. Spencer-Brown for the truth - and she blamed the parents of a 16 year old girl who was the fancy of a NCL pedophile child porno collector assistant cruise director in a stairwell of the cruise ship.

There were other other cruise supporter nut cakes featured in the Miami Herald article.

The Herald was careful not to include any representatives of victims organizations or neutral experts to comment on the nasty state of affairs of the cruise industry.

Was a Passenger Sexually Assaulted on the Carnival Victory?

jwalker@cruiselaw.com (Jim Walker) — Mon, 12 Mar 2012 01:16:51 GMT

Several people have informed us that Carnival is investigating an incident where a cruise passenger awoke on the Carnival Victory cruise ship in a crewmember's cabin with bruises and little recollection of events.

The issue of cruise ship rape is one the cruise industry nastiest secrets.

Was a passenger raped on the Carnival Victory?

We have reason to believe that two crewmembers are under scrutiny.

There are online reports that a Maitre'd from Macedonia and a waiter from Croatia were arrested for the alleged rape of an underage girl.

Our Federal Bureau of Investigation (FBI) has a spotty history of investigating shipboard rapes. Was the alleged incident timely and accurately reported by Carnival to the FBI? Has there been an arrest?

Crewmembers were arrested recently for engaging in sexual abuse of a 16 year old girl on the NCL Norwegian Star, a child on a Cunard cruise ship by a child activities supervisor, a 14 year old girl on Royal Caribbean's Adventure of the Seas, a 15 year old girl (by another passenger) on Royal Caribbean's Allure of the Seas, and a 14 year old girl aboard the Carnival Freedom. All of this in just three months.

A rape is the last thing that Carnival wants to deal with after the Costa Concordia disaster and the Costa Allegra ship fire.

The Carnival Victory is sailing a 7 Night Southern Caribbean itinerary and departed San Juan today.

You can read about cruise ships rapes here. Rapes of children on cruises here.

We have represented over 75 women and children raped on cruise ships including Carnival, Celebrity, Norwegian and Royal Caribbean cruise lines, among others.

The last time the Carnival Victory was in the news was following the murder of a 14 year old passenger ashore in St. Thomas last year. We are representing the victim's family in a case we reported on here.

Were you on the cruise last week? If you have information to share, please leave a comment below.

If you have confidential information or wish to remain anonymous, please email me at jim@cruiselaw.com

Coast Guard Medevacs 47 Year Old Passenger From NCL Jewel

jwalker@cruiselaw.com (Jim Walker) — Sat, 10 Mar 2012 18:46:15 GMT

Yesterday a U.S. Coast Guard rescue helicopter medevaced a 47 year old woman female off a cruise ship. The cruise ship was approximately 115 miles northeast of Cape Henry.

The captain of the cruise ship Norwegian Jewel cruise ship contacted the Coast Guard at around 5 PM, reporting they had a passenger with severe abdominal pains who needed medical attention ashore.

An MH-60 Jayhawk helicopter crew and an HC-130 Hercules airplane crew from Coast Guard Air Station Elizabeth City, N.C. were dispatched to the scene. The helicopter crew hoisted the woman and her husband off the cruise ship at approximately 7 PM.

The couple were taken to Sentara Norfolk General Hospital.

Credit: U.S. Coast Guard

Chemical Tanker "Gelso M" Runs Aground Off Sicily - Video

jwalker@cruiselaw.com (Jim Walker) — Sat, 10 Mar 2012 16:22:02 GMT

Just two months after the Italian flagged Costa Concordia cruise ship struck rocks near the Italian island of Giglio, another Italian vessel has run aground off the coast of Sicily.

The 500 foot Gelso M ran aground in high winds and rough seas this morning, near the port town of Syracuse. The captain of the tanker called for assistance from the Italian Coast Guard which safely rescued 19 crewmembers from the stricken vessel notwithstanding high winds.

Reports are that the vessel was taking on water, although the tanker was not carrying any cargo at the time.

There is already criticism in the international press that the captain had sailed the vessel too close to the shore given the weather conditions. Fortunately, due to the skill of the Italian Coast Guard, this grounding has a happier ending than the Concordia disaster.

Video credit: SiracusaNews YouTube

Ruby Princess Latest Cruise Ship to Battle Norovirus

jwalker@cruiselaw.com (Jim Walker) — Sat, 10 Mar 2012 14:37:01 GMT

Princess Cruises' Ruby Princess cruise ship experienced a norovirus outbreak with the Centers for Disease Control (CDC) reporting that 129 passengers 9 crewmembers suffered gastrointestinal illness.

The Ruby Princess was on a 7 day cruise from February 26 to March 4, 2012 out of Fort Lauderdale.

The Ruby Princess suffered another outbreak last month, although the prior sickness was not reported or investigated by the CDC.

The cruise industry has struggled with gastrointestinal outbreaks this year, some outbreaks reported by the CDC, some not, with Princess Cruises and the Royal Caribbean/Celebrity ships leading the cruise puke fest.

Here is a list of cases I have reported on just this year:

Princess' Ruby Princess Royal Caribbean's Independence of the Seas Celebrity' Constellation

Princess' Crown Princess (two sailings) Celebrity's Silhouette

Royal Caribbean's Voyager of the Seas

Princess' Ruby Princess

P & O Aurora.

There has been a sick cruise ship virtually every week this year.

Only cruise ships calling on U.S. ports are required to report sickness outbreaks to the CDC. Cruise line are required to make the report only when 3% or more of passengers or crew reported symptoms of diarrheal disease to the ships medical staff during the voyage.

Under-reporting occurs regularly because many passengers can't make it away from their toilets due to diarrhea, and some passengers don't want to be confined to their cabins. Crewmembers often work while sick.

Photo credit: bottom - cheezburger.com

New Limitation Case From Fifth Circuit - Eckstein Marine Service v. Jackson

mmm@hawaiilawyer.com (Mark M. Murakami) — Fri, 09 Mar 2012 19:02:59 GMT

Those pesky statutes of limitation. Usually such statutes operate to prevent plaintiff's untimely claims. But, in this case, the statute of limitation acted to preclude a defendant's limitation of liability defense. The case is new from the Fifth Circuit Court...

The case is new from the Fifth Circuit Court of Appeals, it is Eckstein Marine Service v. Jackson, 2012 U.S. App. LEXIS 3480 and can be found here.

In the maritime context, federal law allows shipowners to limit their liability for certain actions by bringing a limitation action in federal court. 46 U.S.C. 30501. With certain exceptions, a vessel owner can have their liability capped at the value of the vessel. But, the limitation statute has a six month statute of limitation. [Author note: not intended to be funny, but it is].

In this case, the shipowner filed the limitation action eight and half months after it was served with a state court complaint. The trial court dismissed and the appeals court affirmed.

On appeal, the owner argued that the state court complaint did not give the owner notice that its liability could exceed the value of the vessel. The owner cited a Second Circuit case, Complaint of Morania Barge No. 190, which held that an owner only needed to file the limitation action if there was a "reasonable possibilty" that its liability would exceed the value of the vessel.

The appeals court reviewed the allegations in the state court complaint noting that the injuries alleged were "permanent and catastrophic" with damages sought for past loss of earning, future loss of earning capacity, disability, disfigurement, medical expenses and pain and mental anguish. No dollar figure was sought, so the owner argued it wasn't on notice until much later (when the statute of limitation would not bar its limitation action).

The appeals court noted that a "reasonable possibility" is not a particularly "stringent" standard and affirmed the dismissal of the limitation action.

New Jones Act Case From Fouth Circuit - Holloway v. Pagan River Dockside Seafood

mmm@hawaiilawyer.com (Mark M. Murakami) — Thu, 08 Mar 2012 18:43:33 GMT

New Jones Act case from the Fourth Circuit Court of Appeals. While the Jones Act claim is what prompted this post, it is actually more of a civil procedure case that goes to the heart of federal court jurisdiction, so...

New Jones Act case from the Fourth Circuit Court of Appeals. While the Jones Act claim is what prompted this post, it is actually more of a civil procedure case that goes to the heart of federal court jurisdiction, so Civ Pro wonks- take heed.

The case is Holloway v. Pagan River Dockside Seafood, 2012 U.S. App. LEXIS 3897 and the original opinion can be found here.

Facts: Plaintiff had an "oral" contract to "lease" a boat from Defendant who then paid him for his catch of oysters or crabs and deducted a "fee" for the lease payment. While unloading his catch, he was injured by a conveyor belt. He brought suit as a Jones Act seaman against his "employer."

The trial court granted a motion to dismiss for want of subject matter jurisdiciton under Federal Rule of Civil Procedure 12(b)(1). The notional "employer" argued that the Plaintiff had not satisfied the statutory requirement of proof that he was a Jones Act seaman in their employ. The trial judge granted the motion and Plaintiff appealed.

This case turns on the difference between dismissal for lack of subject matter jurisdiction, under 12(b)(1), and dismissal for failure to state a claim, under 12(b)(6).

The Fourth Circuit thought everybody got it wrong:

The parties, and indeed the district court, have quite blurred the fundamental difference between a Rule 12(b)(1) motion for lack of subject matter jurisdiction and a Rule 12(b)(6) motion for failure to state a claim, failing to recognize the distinction between the Rules.

Ouch. Bench slap.

The opinion goes on to explain that jurisdiction is different than having a defective complaint. Plaintiff's failure to allege facts that prove his statutory cause of action, i.e. Jones Act seaman status, should be resolve by a motion challenging the sufficiency of the complaint; i.e. 12(b)(6) - failure ot state a claim, 12(c) - judgment on pleadings, or 56 - summary judgment; and not on jurisdictional grounds.

Jones Act suits are claims that the federal courts have the power to hear. Ergo, the courts have jurisdiction to hear them. If plaintiffs cannot prove they are entitled to relief under the Jones Act, then defendants can file an appropriate motion, or if there are contested facts at issue, the court must try them.

Responsibility of Ship Owners to Unarmed, Untrained Crewmembers Injured by Pirates

Wed, 07 Mar 2012 22:27:55 GMT

The history of piracy is a long one, and piracy remains a threat in modern times. The potential for pirate attack may exist in any waters, but during the past decade it is Somali pirates along the east coast of Africa and in the Indian Ocean who receive the headlines. Billions of dollars in international maritime trade has been lost due to cancelled or delayed shipments and higher expenses. The pirates have attacked ships, often taking prisoners for ransom and keeping the ships to sell or use in future attacks. There are a number of theories as to why the number of Somali pirates has risen to such a level. One theory is that Somali fishermen resort to piracy because the dumping of toxic waste by other countries has made fishing for a living impossible for Somali nationals.

In 2009, Combined Anti-piracy Task Force 151 (CTF 151) was formed to combat the increasing boldness of the pirates. CTF 151 is an international force which has been commanded by members of various navies from 25 countries, including the U.S., Pakistan, Turkey, South Korea, and New Zealand. The mission of CTF 151 is to protect shipping lanes from piracy and to restore freedom of navigation and legitimate maritime commerce.

A valuable and well known resource is the updated 2011 publication called “Best Management Practices, Version 4” (BMP4), which has been endorsed by NATO Shipping Centre, Maritime Security Centre Horn-of-Africa (MSCHOA), and others. It outlines ways in which ship owners and captains should implement self-protective measures in order to deter piracy. The measures laid out in this publication may have a central role in deciding whether employers of seamen have done enough to protect their employees sailing vessels through waters rife with pirates.

A well-known incident off Somalia, which occurred on April 8, 2009, involved the American-flagged M/V MAERSK ALABAMA, 508-foot container ship. At that time, there was an advisory that ships keep at least 600 nautical miles (nearly 690.5 miles) from the Somali coast. MAERSK ALABAMA was 240 nautical miles off the coast when pirates boarded her. Miguel Ruiz, John Cronan, and Richard E. Hicks were crewmembers who were confined and roughed up by the pirates; these men sought compensation under the Jones Act and General Maritime Law for personal injuries resultant of the pirates’ treatment of them. Ruiz, et al. v Waterman Steamship Corporation and Maersk Line Limited – 2011 WL 4089416 (Tex.App.-Houston [1st Dist.] 2011). Under the Jones Act, the plaintiffs in Ruiz seek to recover damages by showing employer negligence. That case has not yet been resolved and the final outcome is uncertain.

There have not been many cases decided by courts facing the question of employers’ duties to protect employee seamen sailing in areas known for pirate activity. Some of the questions likely to arise at trial include: What were the duties of the employer (Maersk in the Ruiz case) toward its crew in waters known for pirate attacks? Did the employers ignore advisories and warnings? Had the employers implemented any of the self-protection measures discussed in BMP4? Could they have avoided attack and capture by sailing a different route? Were the crew trained, and should they have been trained, for such an emergency? In other words, was the employer negligent toward its crew, and thus liable for the injuries caused by the pirates?

Our guess is that courts will rule that the employer must take reasonable steps to protect employees sailing in dangerous situations. This may require special training for the crew. It may require hiring of guards. Employers may have to modify their vessels in some way. We will keep an eye on this developing area of law and report what we find.

Norovirus Hits Royal Caribbean's Independence of the Seas

jwalker@cruiselaw.com (Jim Walker) — Wed, 07 Mar 2012 19:26:56 GMT

A reader of Cruise Law News in the U.K. alerted me to an article in the Daily Echo that one of Royal Caribbean's cruise ships based in the U.K. has been hit with a break out of norovirus:

"Thousands of holidaymakers due to set sail on board a Southampton-based cruise ship were hit by delays yesterday after norovirus hit 117 passengers and three crew on the liner’s previous cruise.

They were delayed boarding Royal Caribbean ship Independence of the Seas until 3pm so that her cabins and the cruise terminal could be sanitized.

She set sail just after her scheduled 7 PM departure."

Were you on this cruise? How did the cruise line handle the outbreak?

Please leave a comment below.

Photo credit: Daily Echo

What Happened to Fariba Amani Aboard the Bahamas Celebration Cruise Ship?

jwalker@cruiselaw.com (Jim Walker) — Wed, 07 Mar 2012 15:01:10 GMT

The family of a Canadian passenger who vanished during a cruise between the Bahamas and Florida last week continue to seek information about the disappearance.

Fariba Amani, age 47, from Vancouver, was cruising aboard the Bahamas Celebration cruise ship operated by the Celebration Cruise Lines. In a prior article, we explained that Ms. Amani was cruising with her boyfriend, now identified as Ramiz Golshani, also from Vancouver, when she disappeared.

The story mentioned in the press is that Mr. Golshani allegedly last saw Ms. Amani around 1:00 AM on February 29th in the cruise ship's gift show and then re retired to the couple's cabin to go to sleep. He awoke the following morning and she was not in the cabin.

After looking for her on the ship as it approached port in Palm Beach, Mr. Golshani notified the cruise ship personnel. At this time, the cruise ship was docking and the passengers disembarked without being interviewed by either the local police or the FBI.

Canadian television has a video interview of Ms. Amani's sister who describes Ms. Amani's relationship with her boyfriend as rocky.

Cruise expert Professor Ross Klein tracks people missing from cruise ships on his website. 179 people have gone overboard since 2000.

If you have information about this latest cruise disappearance, please leave a message below.

Photo credit: iranto.ca

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