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Old 02 November 2015, 03:29 PM
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Read This! El Faro owners file lawsuit to block legal action by families of ship's crew

Search crews believe they've found the wreckage of the El Faro cargo ship. But as families of the lost crew hold out hope they'll learn their loved ones' fates, they also learned that the ship's owner aims to block their lawsuits, saying it's not to blame.

http://www.cnn.com/2015/11/01/us/el-...uit/index.html
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  #2  
Old 02 November 2015, 04:08 PM
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Quote:
The company's complaint says it "exercised due diligence" to make sure the 40-year-old vessel was seaworthy and well-equipped for its September 29 trip from Jacksonville, Florida, to San Juan, Puerto Rico, and should thus be "(exonerated) from liability for any and all losses or damages sustained during the voyage ... and from any and all claims for damages that have been or may hereafter be made."
Isn't this what a wrongful death lawsuit would determine?

Quote:
Daniel Rose, a maritime attorney not presently involved in any litigation pertaining to El Faro, agreed, telling CNN the maneuver came "too soon," and called it "highly insensitive to the families."
They already have four lawsuits against them from families, so it apparently isn't too early for lawsuits regarding the wreck.
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Old 02 November 2015, 06:11 PM
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Default Navy IDs wreckage as El Faro cargo ship

The U.S. Navy, using a remotely controlled submersible operating almost 3 miles below the ocean's surface, has identified the cargo ship El Faro, Navy spokesman Christopher Johnson said Monday.

http://www.cnn.com/2015/11/02/us/el-...rch/index.html
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  #4  
Old 05 November 2015, 04:49 PM
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"El Faro owners file lawsuit to block legal action by families of ship's crew"
I suspect that is the standard operating procedure for every company after an accident. The chances of it succeeding are pretty much zero.
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Old 05 November 2015, 06:09 PM
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I think that legally you need to run to base and yell "NOT IT", but it most probably varies from jurisdiction to jurisdiction.
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Old 27 April 2016, 06:11 AM
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Icon102 NTSB Locates Sunken Cargo Ship’s Voyage Data Recorder

The cargo ship El Faro’s voyage data recorder was located early Tuesday morning in 15,000 feet of water, about 41 miles (36 nautical miles) northeast of Acklins and Crooked Islands, Bahamas, by a team of investigators and scientists using remotely operated undersea search equipment.

http://www.ntsb.gov/news/press-relea...20160426b.aspx
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  #7  
Old 27 April 2016, 06:22 AM
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Quote:
Originally Posted by GenYus234 View Post
Isn't this what a wrongful death lawsuit would determine?
I don't really understand this question. Yes, it could do but that's how almost all legal arguments go. We wouldn't expect a defence attorney to refrain from saying "my client is not guilty" until after the grand jury decides whether to have a trial or not.
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Old 27 April 2016, 02:11 PM
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This sounds like a declaratory judgment action to me. Usually its purpose is to put the insurance company on the hook. I notice that not once in the article do they tell you the name of the case (In re El Faro instead of TOTO v. Insurance Co. would tell you something about the suit).

As for attempting to limit its liability, I don't see what's wrong with that. Saying that $434,000 is an insult seems extreme. I came away from the OP feeling that what the quoted attorney wanted was to see the parent company driven into bankruptcy.

Seaboe
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Old 27 April 2016, 05:35 PM
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Do you know, Seaboe, if this is a common legal tactic in this type of case? It is outside of the bulk of my expertise, but some of my experience is of a general nature, and I have never seen this type of action. But, it may be that the circumstances just don't arise that often, so I'm not drawing any conclusions from my unfamiliarity with it.

To be clear, I'm very familiar with declaratory judgment actions, and companies seeking indemnity from insurance or other companies under various theories or contract rights using dec actions or other types of actions. But I don't think I've ever seen a company that is a defendant or potential defendant in multiple lawsuits try to short-circuit that process via a dec action to declare them not liable, nor do I think it would typically work, at least under my state's dec action statute.
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Old 27 April 2016, 09:17 PM
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Seaboe Muffinchucker Seaboe Muffinchucker is offline
 
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I have a problem with the OP article in determining whether the complaint is actually one to declare them not liable. It seemed very biased in favor of the families to me.

That said, in the environmental arena, I have seen companies try to get a declaration that they're not liable for one reason or another. Due to the pollution exclusion, I've seen and read a lot more insurance cases that I really want to, and yes, a lot of the insured's arguments in those can be summed up as "it's not my fault."

On the other hand, this is a maritime case, and those are often bizarre.

Seaboe
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  #11  
Old 28 April 2016, 02:42 PM
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Quote:
Originally Posted by ganzfeld View Post
I don't really understand this question. Yes, it could do but that's how almost all legal arguments go. We wouldn't expect a defence attorney to refrain from saying "my client is not guilty" until after the grand jury decides whether to have a trial or not.
IMNALO, this is closer to a suspect's lawyer saying that a judge should rule that the suspect is not guilty of charges that have not yet been filed.
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  #12  
Old 11 August 2016, 05:12 PM
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Default Recorder from Cargo Ship El Faro Recovered

The voyage data recorder from El Faro, a US flagged cargo ship that sank during Hurricane Joaquin in October 2015, was successfully recovered from the ocean floor late Monday evening.

http://www.ntsb.gov/news/press-relea...r20160809.aspx
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  #13  
Old 25 August 2016, 03:06 PM
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Default 26 Hours of Information Recovered from El Faro Voyage Data Recorder

The National Transportation Safety Board announced Wednesday the convening of a voyage data recorder group, Monday, to develop a detailed transcript of the sounds and discernible words captured on the El Faro’s bridge audio, following the audition of the ship’s VDR.

http://www.ntsb.gov/news/press-relea...R20160824.aspx
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  #14  
Old 30 November 2016, 07:38 PM
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Default NTSB Opens Docket for El Faro Investigation, Holds Press Briefing

(Note- The headline really should read: NTSB Plans to Open Docket for El Faro Investigation, Hold Press Briefing since neither has happened yet.)

The National Transportation Safety Board announced Wednesday its intent to open the docket Dec. 13, 2016, for its investigation into the sinking of the U.S. flagged cargo ship El Faro.

http://www.ntsb.gov/news/press-relea...R20161130.aspx
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