Carnival Sues BP for Pollution?This article in the Sun-Sentinel describes how Carnival Cruise Lines has filed a lawsuit against BP, Transocean and Halliburton over the Gulf oil spill.  They claim the spill got their ships dirty, added to cleaning expenses, drove passengers away and cost them revenue.

There’s something insidiously ironic about one of the cruise lines biggest polluters suing for damages caused by someone else’s pollution.

Back in May of 2003, Carnival admitted they illegally dumped contaminated water into California ports.  At the time, they were already under 5 years of federal probation for violating environmental laws.  In 2002 they pled guilty to dumping oil-contaminated waste into the ocean and then falsifying records as part of an attempted cover-up, ultimately paying an $18 million fine.

Not much has changed since then and in 2009 they were still ranked among the worst polluters in the industry.  Federal laws are weak or inconsistent, and when coastal states try to tighten their regulations the cruise lines simply dump their waste into the open ocean (beyond the 3-mile limit) or take it to Canada.

It’s worth noting that at the time, Carnival seemed to downplay the impact of the spill on its operations.  Just two months after the Deepwater Horizon exploded, their CEO Micky Arison said cruises had been virtually unaffected and that bookings hadn’t slowed down.  He said his ships didn’t need cleaning at that point and he commended the captains for their ability to avoid the oil.

David Warren - Carnival Sues BP:  Pot Calls the Kettle BlackNow they’re suing for negligence, fraudulent concealment and punitive damages.  Yet when it comes to claims of negligence, Carnival has escaped liability even when one of its physicians injures a passenger due to medical malpractice.

Carnival may be preserving its legal rights with this latest lawsuit, but it’s dripping with hypocrisy.

 

Today’s article is written by a guest blogger, David Warren, who is a reader of Cruise Law News.  David is a Summa Cum Laude graduate from Florida Atlantic University with a degree in Political Science & Sociology.  He is currently studying for the law school admissions test and plans on attending law school.

With the insight shown in this article, we are confident that David will be a fine lawyer.

 

John Conyers - DOHSA - Death On High Seas Act - BP - Cruise ShipToday, the House of Representatives passed a bill – H.R. 5503 (also known as the SPILL Act)  – which will amend the Death on the High Seas Act (DOHSA).  H.R. 5503 will permit the widows and children of the oil rig workers killed in the BP Deepwater Horizon disaster to be compensated for their grief, mental anguish and suffering due to the deaths of their husbands and fathers.       

The bill was passed in the House today due to the efforts of the families of the 11 workers who died when the drilling rig exploded two months ago.  The families targeted their efforts on the obscure DOHSA law which does not recognize the suffering of children and spouses who lose loved ones on the high seas. 

The bill was introduced by Representative John Conyers, a Michigan Democrat, who chairs the BP - DOHSA - Death On High Seas Act - BP - Cruise ShipsU.S. House Judiciary Committee. 

We have reported on the sad death of oil worker Gordon Jones, who left behind a pregnant and loving wife and a young son, and the extraordinary efforts of his father who lobbied to change this unfavorable law. 

BP fought against the families.  So did the notorious Cruise Line International Association (CLIA), who lobbied behind the scenes to try and keep the oil rig wives and children from receiving compensation.

The amendment to DOHSA is also needed for families who have lost loved ones on cruises ships.  Hundreds of passengers have died on cruise ships due to the negligence of the cruise lines.   

Yesterday, we reported on the unconscionable efforts of CLIA.  We posted a letter which CLIA sent to legislators to oppose the efforts of the grieving families suffering from the BP explosion.   

CLIA - Cruise Line International Association - DOHSA - Death On High Seas ActToday, the bad guys – BP, Transocean and the cruise lines – lost.  The good guys won.

But the law still needs to be passed in the Senate.  BP, Transocean, and CLIA will be back – like vultures – to walk the halls of our Senate.  Bad companies like this will try and keep this much needed reform of DOHSA from being enacted into law.  

 

 

For additional information about DOHSA, consider reading:

What Does BP, Al Qaeda and a Cruise Line Have In Common?

Death On The High Seas Act Protects BP and Cruise Lines at the Grieving Family’s Expense

Will BP and the Cruise Industry Join Forces to Screw Americans?

The Death on the High Seas Act – Screwing American Passengers for 89 Years

As we suspected, the Cruise Line International Association (CLIA) is working behind the scenes to derail efforts to amend the Death On The High Seas Act (DOHSA).

Yesterday we obtained a copy of a letter (below) sent by CLIA to Congressional representatives in Florida.  CLIA is trying to rally opposition against H.R. 5503 which will permit widows and children recover compensation for their grief and emotional suffering when they lose their spouse / parent.     

CLIA - Cruise Line International Association - DOHSA - Death On High Seas Act  This is nothing new for CLIA, which has spent millions of dollars lobbying against reforms to this archaic law enacted back in 1920.

As we have stated in many articles about DOHSA, a cruise ship is the only location where a child or retired, elderly passenger can be killed and considered worthless in the eyes of the law.   

CLIA says it has no objection to "addressing" (whatever that means) the issue of compensation for the widows and children of the oil workers killed in the BP Deepwater Horizon explosion, yet it will not even commit to repealing DOHSA for these families.

CLIA claims that it opposes amending DOHSA because it will provide a remedy to "foreign workers."  The irony of such an outlandish and xenophobic comment is immediately obvious – all cruise lines are "foreign" entities, incorporated in "foreign" countries like Liberia (Royal Caribbean) or Panama (Carnival) for the singular purpose of avoiding U.S. taxes.  These "foreign"’ corporations then flag their cruise ships in "foreign" countries to escape U.S. labor laws and safety regulations.

So why should the foreign flagged cruise industry be permitted to collect $35,000,000,000 ($ billion!) a year from U.S. taxpayers and avoid all U.S. taxes because of its "foreign" status, and then argue that families of dead "foreign" crew members should not be reasonably compensated when their loves ones die due to the negligence of the cruise lines?

The cruise industry is built on the backs of hundred of thousands of "foreign" crew members, many of who work 360 hours a month for only $545.  Their families are entitled to be compensated when their family members die due to the legal fault of the multi-billion dollar CLIA cruise lines?  Take a look at this letter which CLIA hoped would never be published:      

          CLIA - Cruise Line International Association - DOHSA - Death On High Seas act

 

CLIA fails to mention that the vast majority of people who die on cruise are Americans!  As matters now stand, the lives of stay-at-home-parents, children, elderly and retired people, and gay men and women who die at sea with no dependents have no value under DOHSA.  

The International Cruise Victims (ICV) has been battling CLIA for years to amend DOHSA.  But CLIA pays millions of dollars to lobby Congress each year, whereas the ICV is penniless and is comprised of only volunteers.  Mother Jones addresses the disparity between CLIA and the ICV in an article "Love Boat Lobby Fights BP Victims." 

Below is a partial list of the loved ones of ICV members who were denied compensation because of DOHSA.  This is just a small number of the hundreds of loved ones who die on cruise ships each year.  

Why should victims of the BP explosion and hundreds of U.S. citizens be denied compensation because of CLIA’s heartless and mean-spirited decision to deny compensation to "foreign" crew members?

Does CLIA tell the crew members their lives are of no value?

Do the 16,000 travel agents who comprise CLIA know that its trade organization doesn’t care about foreign crew members, U.S. children and retirees who die at sea on cruise?

Travel agents –  when you sell your client cruises, do you tell that if they die due to the negligence of the cruise lines, their lives are of no value?   And do you tell them CLIA is lobbying Congress to make certain that the law stays that way?   

Disgusted by the cruise industry’s heartless attitude?  Do something about it.  Support H.R. 5503.  Call your Congressman or Congresswoman.

Leave a comment below and tell us what you think. 

ICV - International Cruise Victims - DOSHA - Death On High Seas Act

The death of eleven oil rig workers on the Deepwater Horizon has sparked a debate in Congress about repealing the antiquated and inequitable statute, the Death On The High Seas Act (DOHSA).  This old law dating back to 1920 does not permit surviving wives and children compensation for their grief and bereavement when they lose a loved one on the high seas whether on a oil rig or cruise ship.

BP Deepwater Horizon - DOHSA - Death On High Seas ActBP and Cruise Lines Connected At The Hip Pocket?

Recently, there have been a number of articles that discuss DOHSA and reveal that the cruise industry will be joining forces with BP to repel any efforts of the grieving family members to repeal DOHSA.  Mother Jones pointed out in "Will the Cruise Industry Do BP’s Dirty Work? 

CNN ran an article entitled "My Son’s Family Deserves More from BP" explaining that the cruise lines have consistently fought against families trying to change DOSHA.

And AOL’s Daily Finance even covered the issue with an interesting article "The Death On The High Seas act Needs Fixing – Just Ask  BP’s Widows."  This article points out that prior efforts to reform DOHSA were "sunk" by the vociferous cruise industry’s "lobbying muscle" – probably to avoid paying any compensation to the 34 passengers who were lost overboard during cruises from 2003 – 2007 according to an article "Death On The High Seas" in the Guardian newspaper.  

Should Al Qaeda And Terrorist States Be Protected By DOHSA Too? 

But the harsh effects of DOHSA are not limited to the grieving families of cruise victims and dead oil workers. 

Al Qaeda - U.S.S. Cole - Terrorism - DOHSA The families of U.S. servicemen and servicewomen learned about DOHSA when Al Qaeda terrorists killed their loved ones on the U.S.S. Cole.  17 men and women were brutally murdered when suicide bombers rammed their speed boat loaded with explosives into the U.S. navy ship.  56 family members filed suit against the government of Sudan for sponsoring the terrorist organization.  

A Federal District Judge applied DOHSA because the deaths occurred outside of U.S. territorial waters.  He dismissed the claims of 22 of the family members and limited the recovery of the rest to strictly lost wages.  Not one child or surviving spouse received a penny for the mental anguish and misery caused by the horrific criminal act of the terrorists and the complicit renegade country.

The inequity of DOHSA was not lost on the Judge who commented in Rux v. Republic of Sudan, 495 F.Supp.2d 541(E.D. Va. 2007) :

The court sympathizes greatly with plaintiffs, who continue to suffer terribly years after their loved ones died. But the court is bound to follow the legal precedent before it. Congress makes the laws; courts merely interpret them. Whether to amend DOHSA to allow more liberal recovery in cases of death caused by terrorism on the high seas . . is a question for Congress alone.         

Its Time to Act – Repeal the Death On The High Seas Act  

There is a Facebook page created for the families of  the oil workers killed in the BP explosion.  Please click on the link, leave a word of support, and contact your representative in Congress.

As your senator "why should BP, foreign flagged cruise lines and Al Qaeda be protected by DOHSA?"

 

For additional information, please consider reading:

Scranton Time Tribune: "Amend Law On Deaths At Sea"

Cruise Law News: 

Death On The High Seas Act Protects BP and Cruise Lines at the Grieving Family’s Expense

The Death on the High Seas Act – Screwing American Passengers for 89 Years

Cruise Industry Tries to Kill Amendment to Death on the High Seas Act

 

Credits:

Deepwater Horizon         U.S. Coast Guard

 

Gordon Jones has been in the news lately.  Have you heard of him?

Probably not. 

But you all have heard of the companies that killed him:  Oil giant BP, and Transocean – the operator of the foreign flagged drilling rig, Deepwater Horizon.

Gordon Jones - Death On The High Seas Act - DOHSA - BPGordon was just 28 years old when he died on April 20th.  He left a pregnant wife and child behind. His Facebook page lists his favorite movies as Caddyshack, Blazing Saddles, and National Lampoon’s Christmas Vacation.  So you know he had a great sense of humor.

But his family will never hear his laughter again.

Gordon Jones’ death focuses the public on an injustice which has plagued Americans for ninety years.  Under an archaic law passed in 1920 called the Death On The High Seas Act (DOHSA), his wife cannot be compensated for her sadness, suffering and grief.  His children will grow up without a father due to BP’s malfeasance.  But they cannot be compensated for the loss of their dad’s love, nurture and guidance. 

The law will not permit it. 

DOHSA prohibits the grieving Jones family from recovering any compensation except the wages earned or to be earned by their father and husband. We have written about this inequitable archaic law before – "The Death on the High Seas Act – Screwing American Passengers for 89 Years."

Gordon Jones’s story was recently covered in an article in Mother Jones – "Will the Cruise Industry Do BP’s Dirty Work? 

Today, CNN ran an article entitled "My Son’s Family Deserves More from BP."  The article was written by Gordon’s father, Louisiana lawyer Keith Jones, who is interviewed by Larry King in the video below.

Gordon Jones and son Mr. Jones’ emotional grief over losing his son is overwhelming.  But he is objective while explaining that DOHSA’s prohibition against compensating his daughter-in-law and grandchildren is as illogical as it is unfair.  He is taking steps to repeal DOHSA.  Due to Mr. Jones’ efforts, the Senate is considering a bill (Senate Bill 3463  introduced by Senator Leahey, and House Resolution 5503 by John Conyers) to repeal DOHSA. Both bills will permit damages for the surviving family members’ loss of care, company and companionship – rather than just the dead man’s earnings.    

As the CNN article points out, foreign flagged cruise ships – and foreign flagged drilling rigs – love DOHSA.  These industries and their lobbyists will dig in and fight the efforts to change the law, as Gordon’s father point out in the CNN article:

"Support for these bills is growing, but we expect opposition from all the companies who don’t want to pay fair compensation when, by their fault, someone on board their vessel is killed.  Cruise lines have consistently opposed changes to DOHSA.  Many of their passengers are, because of their youth or advanced age, not providing financial support to anyone.  If a cruise ship crew member negligently kills one of these passengers, the cruise line is liable for funeral expenses and nothing more. All companies involved in offshore drilling and shipping have been vigorously opposed to changes in DOHSA."  

Travel agents, cruise specialists, and cruise fans reading this – is this what you wish to support?   Your trade organization, the Cruise Line International Association (CLIA), pays lobbyists millions to walk the halls of Congress and lobby against changing DOHSA.  They want to make certain that the families of good, hard working people like Gordon Jones receive nothing for their grief, pain and suffering when they lose a loved on the high seas.

Don’t let reckless corporations ruin our environment and people’s lives and get away with it.

Do you want to help?  Call us.  Contact your Congressman or Congresswoman.  Leave a comment below and let us know what you think.  Do something, now. 

Credits:

Photograph of Gordon Jones family      CNN

Photograph of Gordon Jones and son    Gordon Jones Facebook

Mother Jones published an interesting article this morning by  Stephanie Mencimer, "Will the Cruise Industry Do BP’s Dirty Work?" about how the cruise line lobbyists may join forces with BP to help the oil company dodge liability for the eleven workers killed on the Transocean drilling rig.

BP - Transocean Deepwater Horizon Rig - DOSHAYou see the drilling rig is considered to be a vessel for purposes of maritime law.  And when an employee (or passenger) is killed on a vessel in international waters, the case is governed by the Death on the High Seas Act (DOSHA).  

Enacted in 1920, DOHSA prohibits the families of loved ones lost at sea to recover any compensation for their grief, sadness and bereavement or their children’s loss of love, nurture and guidance.  We have written about this outdated and inequitable law before: "The Death on the High Seas Act – Screwing American Passengers for 89 Years."  The cruise industry and its trade organization spend millions each year lobbying against efforts to repeal DOHSA.

So when the BP oil well exploded and killed the oil workers, the lawyers for BP undoubtedly began to educate their negligent client that liability for the dead men would be limited under DOHSA solely to the wages they earned.  There is no liability for the dead men’s pain and suffering after they were burned and lay dying, or their fear of imminent death, or the mental anguish and suffering of their wives and children.     

Mother Jones points out that one of the rig workers who was killed was single and childless. That means his family would only be entitled to recover funeral expenses under DOHSA.  But because his body was never found after the rig blew up, there is nothing to bury.  BP could get away with paying as little as $1,000 for his death. 

There are representatives in Congress, including Senator Leahy, who will introduce legislation to repeal DOHSA so that families of the oil workers are reasonably compensated.  But the article predicts that:    

"There’s another powerful industry with an interest in doing BP’s dirty work to preserve the status quo. That would be cruise line operators – and when it comes to Beltway battles, the Son Michael Pham - Death On High Seas Actcruise lobby is no Love Boat."

The article addressed the sad story of Son Michael Pham (photo right), the vice president of the International Cruise Victims Association. (Mr. Pham is the founder of the non-profit organization Kids Without Borders).

As the article explains: "In 2005, his parents went on a Caribbean cruise and never came back. Carnival Cruise Line, one of the world’s largest cruise operators, never offered any explanation for what had happened, and has refused to discuss the incident with Pham and his family since then. That was how Pham discovered the horrible divide in the way the law treats people killed through negligence at sea. "We couldn’t take legal action to get justice," he says. Long before the BP explosion, his group was lobbying Congress for DOHSA to be overhauled . . .

Finally, in 2009, the cruise ship victims succeeded in getting legislation introduced with help from Sen. John Kerry (D-Mass.) that would have updated DOHSA in just the way Leahy has proposed. That change would have allowed families of cruise ship victims to sue for non-economic damages – a huge deal for cruise-goers, because so many are retired and have no salaries that would provide the basis of a legal award under the current law . . .

Mr. Hue Pham - Mrs. Hue Tran - DOHSABut the cruise industry spent $2.2 million fighting these changes. The Carnival cruise line company alone has donated more than $400,000 since 2007 to members of Congress from both parties, according to the Center for Responsive Politics. The offending provision was eventually removed from the cruise-ship safety bill.

The Cruise Lines International Association did not return requests for comment. But Pham says he has no doubt that the DOHSA revision will not slip by without the lobbyists’ notice. "Cruise lines absolutely didn’t want DOHSA to be part of that [2009 bill] at all," he says, noting that the industry would suddenly become liable for all sorts of incidents that it’s currently able to dodge legal responsibility for – everything from on-board murders to rapes to mysterious disappearances like that of Pham’s parents. "It’s an industry that self-polices. When there’s an incident on board, there’s nobody but themselves investigating themselves. You’re not going to turn yourself in."

 

What do you think of DOHSA?  Please leave a comment below. 

Are you a travel agent or cruise specialists who is a member of CLIA?  Do you think that CLIA should spend millions of dollars a year lobbying to make certain that families on cruise ships lose their rights under DOHSA? 

 

Credits:

Deepwater Horizon Explosion          U.S. Coast Guard