Costa Concordia Developments
Posted by HolzbergLegal | July 16, 2013
There have been many developments in the Costa Concordia cases. The Scimone and Abeid-Saba plaintiffs got a favorable procedural ruling in the 11th Circuit Court of Appeals, upholding the lower courts denial of a challenge to Federal Court removal. The case was remanded to Miami Dade state circuit court. The California state case versus Carnivals Board of Directors remains viable and ready for a late July trial date in the capable hands of John Arthur Eaves. Another federal court case in the US District Court for the Southern District of Florida has been dismissed, on the basis of a Forum Non Conveniens challenge by the Defendants Costa and Carnival for refiling in Genoa Italy, based on a detailed analysis of the appropriateness of Florida as a forum to hear theses cases.
I believe that the remaining Florida cases (Scimone II and Abaid-Saba) will be dismissed under a forum non conveniens grounds not only for the reasons Judge Dimitreoulas found in another related case, but based upon the plain language of the ticket venue selection clause, requiring suit in Genoa, Italy under Italian law and the weight of the US Supreme Court case of Carnival v. Shutte.
Our 22 cases are pending in Italy and will be presented to Costa Crociere for settlement this summer. Failing successful settlements, we will file suit in Genoa. I am confident many others will follow and having plowed the fields in Italy, I will happily review those cases dismissed who will need to file there.