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Old February 20th, 2013, 01:48 PM
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Default Class Action Lawsuit

Class-action lawsuit filed in cruise ship fiasco - Houston Chronicle

Lipcon & Margulies filed it (those of us who cover cruises are aware of the major Maritime lawyers).

They filed in for some Houston people, but I believe they said some 100 people have also already joined it.

They are suggesting "unlivable conditions, inedible food," etc. We'll see what happens. You know, there was a class action filed in Miami over the Concordia, too. Haven't heard much about it lately.

Nobody died, no one was injured on Triumph. Yeah, it was a bad situation, but without injury or ongoing suffering I think it is pretty hard to argue the cruise line not do the best it could.

The lawyers contend they should have taken them to Progresso and the only reason they didn't was to save money. I say "wrong" - there were prevailing currents towards Mobile, and it IS easier to get 900 people without passports into the US by ship rather than various flights all over the U.S. coming from Mexico.
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Old February 20th, 2013, 02:35 PM
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Of course the fact is the lawsuit would have been filed no matter where the ship was towed. If they did go to Progreso the suit would state the guests 'were dumped in a small Mexican port incapable of accommodating so many people; had to endure a hazardous 5 hour bus ride to the nearest airport; were subjected to harassment by Mexican immigration officials; the 900 without passports had to endure a two-day bus ride through areas controlled by drug cartels so they could legally re-enter the U.S. which was due to Carnival misleading them on passport regulations...' The lawyers would no doubt have hoped some banditos stopped at least one bus and robbed everyone of their last possessions.
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Old February 20th, 2013, 03:41 PM
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I don't think you can file a class action lawsuit - I think you file a lawsuit and request that it be given class action status.
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Old February 20th, 2013, 04:00 PM
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My guess is the lawsuit will go nowhere. Carnivals ticket contract is pretty well written. They also took pretty good care of the passengers from what it sounds like. With the compensation that was offerred I think the law firm that brought this suit will lose. I wonder who has to pay the firm should they lose the case. Do they have to eat all their own expenses?
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Old February 20th, 2013, 04:09 PM
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I believe that is correct, that you have to request the court give it class-action status.

As to the legal fees, this is more than likely a case they took on contingency meaning the law firm only gets reimbursed for their fees and expenses if they win. They could have a condition in it that requires the clients to pay court costs.
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Old February 20th, 2013, 04:11 PM
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Doubt it goes anywhere.

They better hope that Carnival doesn't counter sue. I've seen it happen.
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Old February 20th, 2013, 04:40 PM
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Yep, first they would have to get the cruise contract thrown out - fat chance, or prove that Carnival knew the fuel line was about to rupture and did nothing to prevent it - fat chance.
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Old February 20th, 2013, 04:57 PM
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Many people also doubted anyone would be able to file a lawsuit about Concordia in the U.S. but several were filed. I tried to quick search to see their status but I couldn't find anything.

As far this goes - One prominent lawyer came out and said "take the offer, you will have no luck suing" but other lawyers said they thought they had a case.

If you get the right activist judge my guess is that anything can happen.
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Old February 20th, 2013, 05:08 PM
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According to the lawyers, the fine print on the Carnival agreement says you cannot file a class action lawsuit. So the lawyer claiming he did so must be blowing smoke.

The lawyers said if there are a lot of suits, the JUDGE can combine the individual suits and in effect it is the same as a class action lawsuit.

But they cant file a class action lawsuit .. sounds like someone thinks the agreement you agree to when cruising they can ignore.
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Old February 20th, 2013, 05:15 PM
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I too can't see this going anywhere, no one was injured or treated badly, it was just a bad situation that Carnival tried their best to make better... Usually, with a class action suit, it is only the attornies that make $...
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Old February 20th, 2013, 05:47 PM
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Let me say something about big lawsuits and what the lawyers charge for...I was part of a lawsuit a few years ago. In our case we settled the case via mediation. The law firms always win. In our case, our lawyers got 40% of the settlement. You'd think that is enough but they also deducted every little expense. We were charged for their fuel and mileage, meals they ate while on the road for our case, their office supplies down to staples, printer supplies and paper clips, their postage fees, fedex fees, everything you can think of got deducted from our 60% before the final check was cut. It was about another 1 to 2 percent of our cut. This is typical.
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Old February 20th, 2013, 07:20 PM
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Yep, they are the big winners in any class action case....kind of sad..
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Old February 20th, 2013, 10:10 PM
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Should the ambulance chasers get lucky with the first judge, the luck won't last. If big money is at stake, and Carnival somehow loses, they will keep appealing all the way to the US Supreme Court, if necessary. Meanwhile the plaintiffs will have spent a fortune and wasted years to end up with less than what Carnival offered in the first place.

A lot of the ambulance chasers are ex-Carnival or other cruise line lawyers, and there are reasons why many of them are ex-employees.

Carnival has a number of lawyers on staff dealing with nuisance lawsuits, but if things are headed for trial, they will hire and bring in the big guns.
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Old February 20th, 2013, 11:35 PM
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Just a thought--Last night we had that restaurant in K.C. MO. blow up--1 or 2 killed--over a dozen in hospital--I never saw hordes of reporters such as Piers Morgan, Anderson Cooper, Ashley Banfield and others (all who spent so much time beating this Triumph thing to death,) rushing to K.C . to get close ups of the debris, interviewing people, etc. If a portion of a cruise ship had blown up and one or two killed, they would have been on it like bark on a tree.
I simply do not understand why they zero in on the cruise industry like a swarm of hungry vultures when some little thing happens. The only thing it can be is money--so far, the legal thieves, A.K.A. lawyers, have been unable to crack open the vault to the cruise lines money but they keep chipping away. I honestly think that the cruise lines should add an extra form to their ticket contract stating---
I know I am going an a ship---Yes__ No_
I realize a ship is a piece of machinery and can malfunction Yes_ No_
I realize the ship will be on the ocean--Yes_ No_
I realize the ship floats and the ship will move with the water Yes_ No_
I realize the cruise line cannot control the weather and rough seas may be encountered sometimes---Yes_ No_
I have read and understand the above and wish to go--Yes_ No_
Signed ______ Date____
Witnessed and Notarized by____ this date of __
Just my humble thoughts, which of course mean nothing to anyone but me, but in my opinion, the cruise lines need to stop backing up and step up and fight some of this bull crap--they have video, I'm sure they could release that would very most likely show some passengers doing some very
undesirable things while on this particular cruise.
Maybe they eventually will gain some back bone--lets hope so.
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Old February 21st, 2013, 09:19 AM
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In 90% of class action lawsuits. The filling law frim gets paid only if they win, and then it comes out of the settlment. Lets say the win and are awardded $1,000,000. The law frim will get 50%, $500,000 and the parties would split the remainning 50%. So if they do have 100 people signen on. The law frim gets $500,000 and each person gets $5,000. And of course the law firm will say that they made Carnival take care of the little guy. Would they should be saying that we made carvinal paid for our partners new Caddies.
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Old February 21st, 2013, 08:54 PM
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Quote:
Originally Posted by briguy View Post
My guess is the lawsuit will go nowhere. Carnivals ticket contract is pretty well written. They also took pretty good care of the passengers from what it sounds like. With the compensation that was offerred I think the law firm that brought this suit will lose. I wonder who has to pay the firm should they lose the case. Do they have to eat all their own expenses?
Agree with this. Class actions are almost always explicitly prohibited in the ticket language that passengers agree to when they book. And unless there was actually an injury, I don't see where a lawsuit nets the typical Triumph plaintiff much more than the settlement.
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Old February 23rd, 2013, 10:08 PM
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Quote:
Originally Posted by Donna View Post
. . . no one was injured or treated badly . . .
How do you know that?

Dave and Paul have pointed out repeatedly that news reports can't be trusted, so let's discount them.

Since there's been no testimony yet in a court of law, how do you know nobody was injured or treated badly?
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Old February 23rd, 2013, 10:43 PM
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How do you know that some of the crew weren't injured or treated badly and it just hasn't come out yet??
Maybe some of the crew are in process of getting their own attorneys to file suit for different acts against some of the passengers?? I certainly hope so!!
Boy, wouldn't that put a new twist on things??
If one can speculate, two can speculate.
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Old February 24th, 2013, 12:31 AM
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Quote:
Originally Posted by Ron View Post
How do you know that some of the crew weren't injured or treated badly and it just hasn't come out yet??
I have no idea if any crew were injured and never said I thought they were or weren't!

Quote:
Originally Posted by Ron View Post
Maybe some of the crew are in process of getting their own attorneys to file suit for different acts against some of the passengers?? I certainly hope so!!
??? Why in heck would you hope the crew was injured? You're sick.

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Originally Posted by Ron View Post
If one can speculate, two can speculate.
Waiting for sworn testimony isn't speculating ... it is the opposite of speculating.
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Old February 24th, 2013, 11:26 AM
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My very dear Aiden; Madam / Sir:
No where did I say that I certainly hoped that any of the crew were injured by the passengers--if you would take the time to re-read the entire post, I would think that almost anyone with common sense would see that I was saying that IF they ( the crew ) were mistreated / injured by the passengers that they (the crew ) would get their own attorneys and file their own suit against the passengers committing the acts against them,( the crew.)

As far as being " sick "--I think you should refrain from making such hasty statements when obviously you can read but not comprehend what you are reading.
Please refrain from anymore statements attacking someone because you misunderstand what was written.
Thank you in advance for your politeness.
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Old February 24th, 2013, 11:49 AM
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If any crewmembers had been injured I am 90% certain it would be public news already.

Why? Because whenever a lawyer gets such a case he is hoping to find more just like it, so he puts out a news item about it. Next, the media would LOVE such a scandal to be connected with this event, and they would surely report it.

So - I doubt that it happened.

BTW: it was a little odd to assume that Ron was saying he "hoped" that some of the crew was injured, all he said was "IF" some of the crew were injured that he hoped they have representation, and I am sure they would (if there had been any - but as far as we know there were no injuries).
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Old February 24th, 2013, 04:49 PM
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Quote:
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No where did I say that I certainly hoped that any of the crew were injured by the passengers
Here are your exact words, with your glee:

Maybe some of the crew are in process of getting their own attorneys to file suit for different acts against some of the passengers?? I certainly hope so!! Boy, wouldn't that put a new twist on things??

Why would any crew member sue if they weren't injured?

And why are you hoping so?
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