Assignment 1: Jurisdiction and Litigation For this assignment, the class will be divided into three groups. Group A will prepare individual briefs for the plaintiff. Group B will file individual briefs for the defendant. Group C will act as the judges an

Assignment 1: Jurisdiction and Litigation

Carlos Cruz

International Business Law & Practices | B7616

Professor: Russell Riggs

Argosy University-Atlanta

Jurisdiction and Litigation Case: Carson Jones (Plaintiff) vs. Italian Cruise Ships (Defendant)

Parties: Defendant, Italian Cruise Ships

Facts: Plaintiff Carson Jones brings this action against Italian Cruise Ships “ICS” for personal injuries sustained while he was vacationing aboard the Italian Princess.

This case arises out of an accident that occurred on June 15, 2006, when the small boat ferrying passengers from the ship to the port of Acapulco capsized. Mr. Jones suffered a broken arm and the loss of two toes that were severed from his right foot by a sharp object. After Mr. Jones was stabilized at the local hospital, he was flown back to the United States the next day.

Mr. Jones is a U.S. citizen, residing in California. At the time of the accident, the plaintiff was on a Caribbean cruise which sailed from Miami, Florida. Italian Cruise Ships is an Italian corporation. However, the company maintains a sales and marketing office in Miami. Internet advertising and marketing brochures contain a U.S. phone number and mailing address. The ticket purchased by Mr. Jones was issued out of the Miami office and contained the following sections:

Section 13: Time limits for noticing claims and filing and service of lawsuits: Any lawsuit for personal injury or negligence must be commenced not later than one (1) year after the date of the death or injury.

Section 14: Governing Law: The Passenger Contract is issued by Italian Cruise Ships, an Italian corporation, and shall be governed in accordance with the laws of Italy.

Section 15: Choice of forum/venue: The parties expressly agree that any and all disputes and matters arising under or in connection with the passenger contract or the cruise shall be litigated in and before the Italian court system.

Section 16: Arbitration: You and ICS agree to submit any dispute that does not arise out of the negligence or willful fault of ICS to binding arbitration. The arbitration shall be conducted by the International Chamber of Commerce in the venue specified in Section 15 above.

After returning to the United States and recovering from his injuries, Mr. Jones filed a personal injury suit in the U.S. District Court in Miami, Florida, on June 20, 2007, seeking $1,000,000 for the injuries he sustained.

Issue 1: Carson Jones (Plaintiff), failed to follow Section 16: Arbitration: You and ICS agree to submit any dispute that does not arise out of the negligence or willful fault of ICS to binding arbitration. The arbitration shall be conducted by the International Chamber of Commerce in the venue specified in Section 15 Choice of forum/venue: The parties expressly agree that any and all disputes and matters arising under or in connection with the passenger contract or the cruise shall be litigated in and before the Italian court system.

Arguments: Personal injury suit in the U.S. District Court in Miami, Florida, on June 20, 2007, seeking $1,000,000 for the injuries Carson Jones sustained while leveraging 28 U.S. Part IV. Cap. 87 S. 1391 (b) & (d) carries no legal weight considering the ticket was purchased in Miami, FL with Section 16: Arbitration terminology that was agreed upon before boarding and ICS ship: You and ICS agree to submit any dispute that does not arise out of the negligence or willful fault of ICS to binding arbitration. The arbitration shall be conducted by the International Chamber of Commerce in the venue specified in Section 15 above. Dillon v. Admiral Cruises, Inc. case is not a fair and equitable comparison to Carson Jones (Plaintiff) vs. Italian Cruise Ships (Defendant) considering there was no venue violation in play (Dillon v. Admiral Cruises, Inc. 1992)

Issue 2: Carson Jones (Plaintiff) agreed with ICS before boarding its ship that Mr. Jones would abide by Section 14 of their agreement.

Arguments: Section 14: Governing Law: The Passenger Contract is issued by Italian Cruise Ships, an Italian corporation, and shall be governed in accordance with the laws of Italy. Mr. Jones has incorrectly filed an Italian lawsuit in American courts and therefore is in violation of Section 14

Conclusions: ICS expects Mr. Jones to drop the Miami, FL, United States suit and refile in Italy within a tears time from the incident in order to be properly handled.

References

Dillon v. Admiral Cruises, Inc. (1992) 960 F.2d 743, 746 (8th Cir. 1992)

Schaffer, Richard. (2015). International Business Law and Its Environment, 9th Edition.

[VitalSource Bookshelf Online]. Retrieved from

https://digitalbookshelf.argosy.edu/#/books/9781305483118/