Victims of Costa Concordia accident Win U.S. Jurisdiction Victory against Carnival Corporation

By Curious

Costa Concordia's accident survivors won a big victory in the US District Court for the Southern District of Florida.
The District Judge of the US court ordered the claims of 104 passengers that survived, remanded to the Florida State Court for continued litigation.
The order of the court on the 15th of February, 2013 concerned 2 cases, Denise Abeid-Saba , et al., versus Carnival Corporation et al., (USDC-SDFla Docket No.: 12-CV-23513) and Scimone versus Carnival Corporation, (USDC-S.D.Fla Docket No.: 12-CV-23505), together representing the claims of 104 people-plaintiffs who were injured when the huge cruise liner capsized after grounding on rocks just off the shore of Isola del Giglio in Italy.
Both cases were originally commenced in the Florida State Court against the Corporation of Carnival as the parent corporation as well as designers and the architect of the huge cruise liner. Those cases were removed to the Federal Court under the CLASS ACTION FAIRNESS ACT OF 2005 (CAFA) by defendants, and that act is giving permission for removal of so-called "mass actions" to the federal court. As the Florida District Court declared, however, the CAFA expressly excludes those cases which are united by a defense motion to accomplish the CAFA minimum of 100 people-plaintiffs. Since neither the Abeid-Saba action nor the Scimone action contained 100 people-plaintiffs, the District Court held that neither was amenable to removal under CAFA.
For "federal question" jurisdiction also pleaded the defendants as a 2nd basis for removal; the Florida District Court rejected this argument as well, holding that the interests in the lawsuit of the government of Italy that didn't take a position in the lawsuit and neither owned nor operated the doomed cruise ship, were "speculative at best." A copy of the decision may be received by contacting the law firms.