Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Cruise Ship Operator Not Insulated from Responsibility for Health Care Provider
Breaking with longstanding precedent, the U.S. Court of Appeals for the Eleventh Circuit has declined to follow the Fifth Circuit's decision in Barbetta v. S/S Bermuda Star, 848 F.2d 1364 (5th Cir. 1988), concluding after much analysis that previous case law holding cruise ship operators blameless for the negligence of their onboard medical personnel is based on outdated norms. This decision may have far-reaching consequences for shipboard medical malpractice claimants and their representatives.
The case of Franza v. Royal Caribbean Cruises, LTD, 2014 U.S. App. LEXIS 21375 (11th Cir., 11/10/14), involved an elderly man who was injured when he slipped and fell in Bermuda near the ship on which he was traveling. Unconscious, the man was carried on-board the ship where he was seen by the ship's nurse. She allegedly did almost nothing to treat him, and released him before he was seen by the doctor. The doctor saw the injured passenger four hours after he sustained his injury, but the doctor too allegedly failed to render adequate treatment. The passenger died of his injuries a week later.
The deceased's daughter, Patricia Franza, brought suit in the U.S. District Court for the Southern District of Florida under 28 U.S.C. ' 1333 and the general maritime law against the cruise ship's operator, Royal Caribbean, seeking damages on the theories of respondeat superior (otherwise known as actual agency ' i.e., that the doctor and nurse were employees of the cruise ship line and acting on its behalf) or of apparent agency (i.e., that the cruise line implied that the doctor and nurse were working on its behalf and the deceased relied on that manifestation to his detriment). Franza made no individual claims against any of the medical personnel involved.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.