Cruise ship victims can’t sue in the U.S.
Its being compared to a modern-day version of the Titanic shipwreck.
January 17, 2012 at 06:38 AM
2 minute read
The original version of this story was published on Law.com
It's being compared to a modern-day version of the Titanic shipwreck.
On Jan. 13, the Carnival Cruise Lines Inc.-owned Italian ship Costa Concordia struck a rock near the shore of the small Italian island Giglio, tearing a large hole in the ship's hull that caused it to capsize. The accident occurred just as passengers were sitting down to dinner, and panic soon ensued. With minimal direction from the ship's crew, the ship's 4,200 passengers fought to get onto lifeboats, and some jumped into the sea.
Today the Italian media raised the official death toll to 11, with 29 passengers still missing. Costa Concordia Captain Francesco Schettino was arrested the day after the accident. He stands accused of manslaughter and abandoning ship before everyone on board had been evacuated.
It's likely that some of the victims will pursue litigation against the cruise ship's operators. But legal experts say American victims won't be able to sue in the U.S. because the contracts written into the ship's tickets state that lawsuits must be brought in Genoa, Italy. Experts also say Carnival probably won't face criminal liability in the U.S. because the accident happened in Italian waters.
“In the case of Costa, the litigation in the United States is going to be severely limited,” Lipcon, Margulies, Alsina & Winkelman Shareholder Jason Margulies told Thomson Reuters.
Although U.S. citizens have tried to challenge similar contracts in the past, arguing that litigating in a foreign country is too burdensome, maritime law experts say courts usually uphold the cruise ships' contracts. Nonetheless, some lawyers say the unique circumstances of the Costa Concordia accident may challenge this tendency and allow victims to bring suit in the U.S. for minimal damages.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Coinbase Hit With Antitrust Suit That Seeks to Change How Crypto Exchanges Operate
3 minute read
Baker Botts' Biopharma Client Sues Former In-House Attorney, Others Alleging Extortion Scheme
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
