Posts by Latti Associates LLC
The COSTA CONCORDIA Sinking: Is Carnival Protecting Its Passengers or Its Bottom Line?
When something terrible happens, people need to assign blame. When a disaster has the potential to severely affect an entire industry, it is in that industry’s interest to find a scapegoat. In the wake of the COSTA CONCORDIA disaster off the Italian coast, the media and Carnival Cruise Line, owners of the Costa line, have…
Read MoreWhen Tort Reform Backfires: The BP Oil Spill
On April 20, 2010, an offshore drilling rig known as the Deepwater Horizon exploded in the Gulf of Mexico. The explosion claimed the lives of 11 crewmembers and caused the largest oil spill in U.S. history. British Petroleum (BP) leased the rig from Transocean. This devastating offshore accident added fuel to the already hotly debated…
Read MoreFlorida Court Says Cruise Ship Passenger Can Seek Punitive Damages in Personal Injury Case
The “hot coffee” lawsuit in the 1990s made punitive damages a fiercely debated topic. Stella Liebeck was riding in her grandson’s car, which he stopped so she could add cream and sugar to her McDonald’s coffee. With the cup secured between her legs, she attempted to remove the lid. The cup tipped, spilling the scalding…
Read MoreArbitration Agreement Signed by Princess Cruise Lines Crewmember Keeps Her Jones Act Claim Out of Court
Arbitration Agreement Signed by Princess Cruise Lines Crewmember Keeps Her Jones Act Claim Out of Court In yesterday’s post, we discussed binding arbitration clauses, exploring how corporations essentially use them as do-it-yourself tort reform to prevent class actions and to keep individual claims out of the courtroom. Many cruise lines include arbitration agreements in their…
Read MoreCOSTA CONCORDIA Sinks in Italy Due to Human Error, Captain Under Investigation for Manslaughter
COSTA CONCORDIA Sinks in Italy Due to Human Error, Captain Under Investigation for Manslaughter Six people are dead and 16 remain missing after the cruise ship COSTA CONCORDIA hit a reef and capsized into the port area of Giglio, Italy with 4,200 passengers on board. On Monday, authorities were forced to suspend their ongoing rescue…
Read MoreArbitration Clauses: Do-It-Yourself Tort Reform
Arbitration Clauses: Do-It-Yourself Tort Reform Nowadays, binding arbitration clauses appear seemingly everywhere — from credit card terms and conditions to maritime employment contracts. According to Professor of Law David S. Schwartz, “by adding an arbitration clause, a would-be defendant can do away with juries, with pesky discovery into its documents or employees’ testimony, and, now,…
Read MoreWorker’s Three-Year Break in Service Undermines His Jones Act Claim
In August, the Fifth Circuit Court of Appeals upheld a district court ruling out of the Southern District of Texas that an oil rig worker’s three-year break in service negated his status as a seaman, making him ineligible for relief under the Jones Act. Ricky Abram filed a Jones Act lawsuit against Nabors Offshore Corporation,…
Read MoreNorwegian Cruise Line Abandons Elderly Couple in Columbia
In October, Norwegian Cruise Line’s Norwegian Star dropped off 79-year-old Betty Coleman and her husband Ronald at a clinic in Cartagena, Columbia, and the ship then left the couple there without notifying anyone in the U.S. Ronald reportedly came down with norovirus, and after medical treatment on board the ship did not help, Norwegian took…
Read MoreCRUISE Act Seeks to Exempt Certain Foreign Ships from the Jones Act
In July, U.S. Representative Blake Farenthold (R-Tex.) introduced legislation that would amend federal maritime law to allow foreign ships to travel from U.S. port to U.S. port. Under the Jones Act, foreign ships are generally restricted from traveling directly from one U.S. port to another. To travel directly between U.S. ports, passenger or cargo vessels…
Read MoreOhio Woman Killed During Cruise-Sponsored Snorkeling Excursion
Last February, 59-year-old Diana Mechling of Ohio died during a snorkeling excursion off the coast of Belize. A passenger on Holland America’s Ryndam cruise ship, she sustained fatal injuries shortly after entering the water, when the captain of the snorkeling boat, the Reef Rocket, tried to steady the vessel by putting it in reverse. This…
Read MoreLongshore and Harbor Workers
The federal Longshore and Harbor Workers’ Compensation Act provides compensation for lost wages, medical benefits, and rehabilitation services to approximately 500,000 workers nationwide who are not members of a crew of a vessel (i.e., seamen) and who are injured or contract occupational diseases on the navigable waters of the United States or in adjoining waterfront areas such…
Read MoreDon’t Miss Your Window for Filing a Maritime Lawsuit
Maritime law, also known as admiralty law, deals with activities that take place on bodies of water. It protects people injured on rivers, streams, lakes, seas and oceans, as well as on docks, piers or in shipyards. Attorneys dedicated to this distinct field of law help maritime accident victims and their families fight for fair…
Read MoreNegligence Unseaworthiness Traumatic Amputation
Second Mate’s Leg Caught in Mooring Lines During Manual Release: Negligence: Unseaworthiness: Traumatic Amputation: Settlement ATLA Law Reporter August 2006 Benson v. United States U.S. Dist. Ct., D.Me., No. 1:04-cv-00195, Nov. 2005. Benson, 52, was a second mate onboard a roll-on/roll-off cargo ship owned by the United States. He began to release the mooring lines…
Read MoreCrewmember Suffers Injuries to the Face Off the Coast of Nantucket
NANTUCKET, Mass. – The Coast Guard is conducting a MEDEVAC of a crewman from the sailing vessel Bombardino about 140 miles south of Nantucket, Mass., June 29, 2010. The Coast Guard was notified via satellite phone at about 6:35 a.m., that the crewmember had suffered injuries to the face after he was struck by the…
Read MoreJones Act Regulatory Basis of Liability
1. Remedies of Seaman for Injury or Death Maintenance and cure under general maritime law Cause of action for unseaworthiness under general maritime Cause of action for negligence under Jones Act 2. Jones Act Also called Merchant Marine Act of 1920, recently recodified at 46 U.S.C. §§ 30104, 30105, 30106(prior to recodification 46 U.S.C., §688…
Read MoreCarolyn Latti Navigates Maritime Law
Massachusetts lawyer navigates maritime law’s rocky shoals to aid injured sailors By Nora Lockwood Tooher Staff writer Boston- Growing up, there were two things Carolyn M. Latti loved doing: sailing and working at her father’s law firm. From the time she was a young girl until she was 18, Latti spent several weeks each summer…
Read MorePain and Suffering Hard to Prove
Massachusetts Lawyers Weekly By Barbara Rabinovitz They are known as merchant seamen — the mates, engineers, captains and others who labor on the large commercial vessels that ply the world’s high seas. Rarely is there a female among them, but in the summer of 2005 there was a “woman merchant seaman,” as a Boston plaintiffs’…
Read MoreAllocation of Settlements in Personal Injury Cases
Allocation of settlements in personal injury cases – a word to the wise Published in the Massachusetts Bar Association, Section Review, Vol. 6, No. 2, 2004 You are about to settle a personal injury case, but there is a workers’ compensation lien on the recovery, a not uncommon situation. Because your responsibility is to maximize…
Read MoreSeaman Falls Through Open Hatch
Negligence: Paraplegia: Verdict ATLA Law Reporter September 2006 Falconer v. Penn Maritime, Inc., U.S. Dist. Ct., D.Me., No. 05-42-B-W, Nov. 22, 2005. Falconer, 43, was employed as a seaman on a tugboat operated by Penn Maritime. While carrying an engine part, he fell 14 feet through an open hatch in the engine room, striking a…
Read MoreDiscoverability of Witness Statements
Published in the Massachusetts Bar Association, Section Review, Vol. 7, No. 2, 2005 Witness statements are customarily considered to be protected attorney work product. However, there is an important exception to this doctrine. Mass.R.Civ.P. 26(b)(3) provides that documents prepared in anticipation of litigation are discoverable “upon a showing that the party seeking discovery has substantial…
Read MoreWorker Scalped by 20 Ton Block on Scallop Boat
By Alyssa Cutler Massachusetts Lawyers Weekly June 27, 2005 Related Articles: October 21, 2004 Plaintiff successfully sought vessel as security; was auctioned off for $1.7 million $2 million settlement On Nov. 25, 2003, the plaintiff was working on deck of the defendant scallop vessel. The crew was in the process of hauling back and unloading…
Read MoreScalloper Sold at Auction
By Becky W. Evans The Standard-Times October 21, 2004 Related Articles: June 27, 2005 FAIRHAVEN – Fishermen gathered around the rusty-sided Georgie J yesterday at the Fairhaven Shipyard & Marina to cast bids during an auction for the 38-year-old scalloping boat. Bidding, which began at $1 million, escalated quickly as four men fought for ownership…
Read MoreMen Perish on Boat Rare Suffering Damages
Men Perish on Boat; Rare Suffering Damages Awarded Such Cases Usually Focus on Economic Support By Tony Wright Massachusetts Lawyers Weekly April 5, 2004 Related Articles: March 11, 2004 November 2, 2002 January 10, 2002 January 3, 2002 August 4, 1999 (Families) August 4, 1999 (Raised) July 28, 1999 May 7, 1999 May 6, 1999…
Read MoreVictims’ Families Win Suit Against Cape Fear Owner
Victims’ families win suit against Cape Fear owner By Curt Brown and David Kibbe The Standard-Times March 11, 2004 Related Articles: November 2, 2002 January 10, 2002 January 3, 2002 August 4, 1999 (Families) August 4, 1999 (Raised) July 28, 1999 May 7, 1999 May 6, 1999 BOSTON – A U.S. District Court jury yesterday…
Read MoreBoating Mishaps Harder to Investigate
By Ray Carbone Foster’s Sunday Citizen June 8, 2003 Investigators who probe boating accidents – such as the one that killed John Hartman on Lake Winnipesaukee last summer, for which a Meredith man is now being tried in Belknap Superior Court – face some special challenges. They can include everything from a paucity of physical…
Read MoreStarbound Families Settle Civil Suit
Starbound Families Settle Civil Lawsuit With Owner Reach Agreement For Undisclosed Amount By Dexter Van Zile National Fisherman December 2002 Related Articles: September 28, 2002 October 12, 2001 August 25, 2001 August 21, 2001 (The Boston Globe) August 21, 2001 (Boston Herald) August 21, 2001 (Portland Press Herald) August 18, 2001 August 7, 2001 Fishermen…
Read MoreTop Jury Verdicts of 2001 Injury Aboard Ship
The Top Jury Verdicts of 2001, #6: Injury Aboard Ship Leads To Admiralty Verdict Case Turned On Critical Internal Company E-Mail By Marissa Yaremich Massachusetts Lawyers Weekly January 14, 2002 Related Articles: May 28, 2001 May 19, 2001 Life at sea is considered one of the most physically grueling and dangerous occupations on earth. The…
Read MoreCourt Nixes Cap on Cape Fear Damages
By David Kibbe The Standard-Times Related Articles: April 5, 2004 March 11, 2004 January 10, 2002 January 3, 2002 August 4, 1999 (Families) August 4, 1999 (Raised) July 28, 1999 May 7, 1999 May 6, 1999 BOSTON – A federal appeals court yesterday upheld the U.S. District Court ruling that the Cape Fear was overloaded…
Read MoreFinal Settlement Reached in Tanker’s Sinking of Boat
Final Settlement Reached In Tanker’s Sinking Of Boat By Jules Crittenden Boston Herald Related Articles: December 2002 October 12, 2001 August 25, 2001 August 21, 2001 (The Boston Globe) August 21, 2001 (Boston Herald) August 21, 2001 (Portland Press Herald) August 18, 2001 August 7, 2001 The final part of a complex $7.5 million settlement…
Read MoreNew Cape Fear Lawsuits Target Marine Architects
By Jack Stewardson The Standard-Times Related Articles: April 5, 2004 March 11, 2004 November 2, 2002 January 3, 2002 August 4, 1999 (Families) August 4, 1999 (Raised) July 28, 1999 May 7, 1999 May 6, 1999 The families of two fishermen lost in the sinking of the Cape Fear three years ago are seeking to…
Read MoreJudge Says Cape Fear Wasn’t Seaworthy
Judge: Cape Fear Wasn’t Seaworthy Jury Will Decide Monetary Damages By David Kibbe The Standard-Times Related Articles: April 5, 2004 March 11, 2004 November 2, 2002 January 10, 2002 August 4, 1999 (Families) August 4, 1999 (Raised) July 28, 1999 May 7, 1999 May 6, 1999 BOSTON – A federal judge ruled yesterday that, because…
Read MoreCarolyn M. Latti Lawyer of the Year 2001
Carolyn M. Latti Lawyer of the Year 2001 Lawyers Of The Year 2001 – Carolyn M. Latti By Marissa Yaremich Massachusetts Lawyers Weekly Carolyn M. Latti loves to use her lawyering skills to shake up the old school mentality that “life on the water” is a men’s-only club. As the only female attorney in Massachusetts…
Read MoreLegal Stage Set for Portland Judge to Decide Fault in Starbound
Legal Stage Is Set For Portland Judge To Decide Fault In Starbound Sinking The Tanker Virgo’s Owners File Documents Blaming The Fishing Boat For A Collision That Killed Three Of Its Crew By John Richardson Portland Press Herald Related Articles: December 2002 September 28, 2002 August 25, 2001 August 21, 2001 (The Boston Globe) August…
Read MoreBoating Case has Major Significance for Maritime Law
Boating Case has Major Significance for Maritime Law Boating Case Has Major Significance For Maritime Law By Elizabeth Johnson Massachusetts Bar Association, Lawyers Journal October 2001 When a group of Massachusetts eight graders became involved in a serious boating accident on a New Hampshire lake – the young driver of the boat ran over his…
Read MoreTanker Firm Posts $13 Million for Lawsuits
By Jules Crittenden Boston Herald Related Articles: December 2002 September 28, 2002 October 12, 2001 August 21, 2001 (The Boston Globe) August 21, 2001 (Boston Herald) August 21, 2001 (Portland Press Herald) August 18, 2001 August 7, 2001 Suspected killer tanker Virgo will be free to leave Canada Monday after posting a $13 million bond…
Read MoreFederal Suit Filed Against Suspect Tanker’s Owner Operator
Starbound Widow’s US Case Follows Action In Canada By Brian MacQuarrie The Boston Globe The widow of a Maine fisherman who died in the Aug. 5 sinking of the trawler Starbound filed suit yesterday in US District Court in Boston against the owner and operator of the Russian tanker that allegedly collided with the vessel.…
Read MoreFamily of Starbound Victim Files Second Lawsuit
Family Of Starbound Victim Files Second Lawsuit, This One In U.S. With the ship suspected in the sinking berthed in Canada, the Sanfilippos argue the case belongs in a New England court. By Bart Jansen Portland Press Herald WASHINGTON – Relatives of a Maine fisherman killed in the sinking of the Starbound filed a second…
Read MoreFisherman’s Widow Files $6 Million Suit
Fisherman‘s Widow Files $6M Suit By Boston Herald Staff Boston Herald The widow of a Maine fisherman killed when the Russian tanker Virgo allegedly struck his boat off Cape Ann sued the ship’s owner for $6 million in federal court in Boston yesterday. Aimee L. Sanfilippo, whose husband James Sanfilippo died Aug. 5 along with…
Read MoreFederal Suit Filed Against Suspect Tanker Owners
Federal Suit Filed Against Suspect Tanker’s Owner, Operator Starbound Widow’s US Case Follows Action In Canada By Brian MacQuarrie The Boston Globe The widow of a Maine fisherman who died in the Aug. 5 sinking of the trawler Starbound filed suit yesterday in US District Court in Boston against the owner and operator of the…
Read MoreMaine Fisherman’s Widow Files Suit Against Tanker
Maine Fisherman’s Widow Files Suit Against Tanker By Dave Wedge Boston Herald The widow of one of three New England fishermen drowned when a Russian vessel allegedly plowed into and sank their trawler lodged a $6 million wrongful death lawsuit in a Canadian court yesterday. Aimee Lynne Sanfilippo, widow of James Sanfilippo, filed suit in…
Read MoreHit and Run Ship Sought
The Coast Guard Searches For The Large Ship That Collided With A Maine Fishing Boat, Sinking It And Apparently Killing Three Men. By David Hench Portland Press Herald CHRONOLOGY Just before 1 a.m. Sunday, James Sanfilippo, a crewman aboard the fishing boat Starbound, reportedly notices a large ship heading toward the much smaller vessel. He…
Read MoreSeaman Gets $2.5 Million Jones Act Verdict
Seaman Gets $2.5M Jones Act Verdict By Paul D. Boynton Massachusetts Lawyers Weekly May 28, 2001 An ship engineer who suffered debilitating leg injuries on board a vessel recently obtained a $2.5 million jury verdict under the federal Jones Act, according to his attorney, Carolyn Latti of Boston. The Jones Act lets ship employees injured…
Read MoreMariner Awarded $2.8 Million in Suit
Mariner Awarded $2.8 Million In Suit By John Doherty The Standard-Times May 19, 2001 WAREHAM – A Wareham mariner has won a $2.8 million award from an Exxon subsidiary after a federal jury ruled yesterday the company was negligent in an accident that broke the sailor’s leg. Carlos Castro had worked 24 years for Seariver…
Read MoreMaritime Attorney Wins Million Dollar Verdicts
By Nancy Drucker The Standard-Times 1985 NEW BEDFORD – He is a tough, aggressive lawyer who recently won a $1.7 million award from Hathaway Machinery. The result: The 75-year-old New Bedford company has filed for bankruptcy. Twenty years ago, that same lawyer was just as aggressive. A company that insured 100 New Bedford fishing boats…
Read MoreSalvaged Families Fear Owner Will Put it Back to Sea
By Staff The Standard-Times NEW BEDFORD – Now that the Cape Fear has been raised from the ocean floor, the families of two crewmen who died when the ocean quahogger went down in January fear the vessel will be sent back to sea. The families of Steven Reeves and Paul Martin, the two crewmen who…
Read MoreSigns of Wreck Stir Pain and Anguish
Signs Of Wreck Stir Pain, Anguish By Jack Sullivan Boston Globe Nearly one year after the fishing boat Atlantis and its five crew members were swallowed by the sea without a trace, a Boston based marine lawyer says he has found the ill-fated trawler lying on the ocean floor, 300 feet below the surface and…
Read MoreSeaman’s Minor Injury Results in Big Time Award
Compensation Made For ‘Anguish’ Of Lost Career By Eric T. Berkman Massachusetts Lawyers Weekly February 16, 1998 Loss of limb. Permanent paralysis. Brain damage. Death. Those are the images generally conjured up by news of a multi-million-dollar verdict. But mental anguish? That may not be the kind of thing typically associated with a huge recovery.…
Read MoreJury Awards Maine Tanker Captain $2 Million
Jury Awards Maine Tanker Captain $2M By Patricia Nealon The Boston Globe February 22, 1997 A former oil tanker captain from Maine has won a $2 million verdict against the owner of a tanker for a shoulder injury that will prevent him from ever captaining a ship again. Eric Wilson, 36, of Falmouth, Maine, was…
Read MoreBoat Line Worker Wins Lawsuit
Boat Line Worker Wins Lawsuit Boat Line Worker Wins Lawsuit, Jury Awards Steamship Authority Employee More Than $700,000 for Injuries By Julia St. George Cape Cod Times November 8, 1996 BOSTON – A Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority employee injured on the job two years ago was awarded more than $700,000 by…
Read MorePilot Enters Apology as Part of Settlement
John G. ‘Sean’ Rafter Admits He Should Have Landed His AirMed Helicopter Before It Ran Out Of Fuel And Crashed In Casco Bay, Killing Three. By Jason Wolfe Portland Press Herald January 30, 1996 The pilot of a rescue helicopter that crashed into Casco Bay more than two years ago admitted Monday that his mistakes…
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