Carnival Cruise Lines Case Study Example | Topics and Well Written Essays - 750 words

genus Circus Cruise Lines - Case demand Example2.2 The Case Law principally is Bremen v Zapata Off-Shore Co., 407 U.S. 1 (1972), which found that in light of contemporary commercial realities and expanding international trade we conclude that the forum clause should control absent a pissed showing that it should be set aside. 2.3 Statutory Law is 28 U.S.C. 1404(a), which provides For the convenience of parties and witnesses, in the interest of justice, a dominion court may transfer any civil fulfill to any other regularize or division where it might have been brought (forum non conveniens). 3. Analysis The spouses Shute boarded the Tropicale in Los Angeles, California, on a cruise to Puerto Vallarta, Mexico and back. On the return trip, as the ship passed international waters, Eulala Shute slipped on a deck mat during a maneuver tour of the ships galley and was injured. The spouses filed suit, alleging negligence against the ships owners, Carnival Cruise Lines, and its employ ees. The action was filed in the U.S. District Court for Washingtons Western District. Carnival contended that the proper forum for the blockage of the dispute is in Florida, on the basis of the terms and conditions of the Passenger Contract Ticket. ... It also noted that a cruise line has a special interest in limiting the fora where it may be brought to court, because its customers apprise come from any number of locations as it is a business that transports people from place to place, and that passengers benefit from decreased f bes due to the savings the cruise line realizes by limiting the fora for litigation. REACTION Upon reading the full textbook of the decision and after careful consideration, I would tend to take issue with the decision of the majority, and side with the dissenting impression by Justice Stevens and joined by Justice Marshall. On the reasons given, I disagree that Carnival would be open to litigation in any number of places, because its customers woul d be concentrated in those areas it does business in. If Carnival has agents that market its services in certain areas, then Carnival earns money from them in their place of hallway they have sufficient operations in that area because their agent acts in their name and with their authorization. Furthermore, I disagree with the decision that savings from not incurring costs from filing pretrial motions directly translate to customers get down fares what is certain is that without assuming anything else, it automatically adds to the firms profits. Section 1404(a) is...intended to place discretion in the district courts to adjudicate motions for transfer according to an individualized, case-by-case consideration of convenience and fairness. (Stewart Organization, Inc. v Ricoh Corporation, 487 U.S. 22 1988). The conditions in Bremen are unlike those in Carnival. I side with Justices Stevens and Marshall in observing that in Bremen the parties were