Assignment: Jurisdiction and Litigation
For this assignment, the class will be divided into three groups. Group A will prepare individual briefs for the plaintiff. Group B will file individual briefs for the defendant. Group C will act as the judges and prepare a final ruling. This is an individual assignment, and you and your classmates will be working in common areas and not in teams or groups.
To provide for more uniformity in the case briefs, consider the following format for your case briefs:
1. Parties: Identify your party, plaintiff or defendant.
2. Facts: Discuss the facts of the case from your client's perspective.
3. Issue 1: List the first cause of action.
4. Arguments: Provide legal arguments for your party.
5. Issue 2: List the second cause of action.
6. Arguments: Provide legal arguments for your party.
7. Conclusions: Provide the desired outcome of the case for your client and any remedies your client seeks.
The case may have more than two arguments.
Case: Carson Jones (Plaintiff) vs. Italian Cruise Ships (Defendant)
Plaintiff Carson Jones brings this action against Italian Cruise Ships "ICS" for personal injuries sustained while he was vacationing aboard the Italian Princess.
This case arises out of an accident that occurred on June 15, 2006, when the small boat ferrying passengers from the ship to the port of Acapulco capsized. Mr. Jones suffered a broken arm and the loss of two toes that were severed from his right foot by a sharp object. After Mr. Jones was stabilized at the local hospital, he was flown back to the United States the next day.
Mr. Jones is a U.S. citizen, residing in California. At the time of the accident, the plaintiff was on a Caribbean cruise which sailed from Miami, Florida. Italian Cruise Ships is an Italian corporation. However, the company maintains a sales and marketing office in Miami. Internet advertising and marketing brochures contain a U.S. phone number and mailing address. The ticket purchased by Mr. Jones was issued out of the Miami office and contained the following sections:
• Section 13: Time limits for noticing claims and filing and service of lawsuits: Any lawsuit for personal injury or negligence must be commenced not later than one (1) year after the date of the death or injury.
• Section 14: Governing Law: The Passenger Contract is issued by Italian Cruise Ships, an Italian corporation, and shall be governed in accordance with the laws of Italy.
• Section 15: Choice of forum/venue: The parties expressly agree that any and all disputes and matters arising under or in connection with the passenger contract or the cruise shall be litigated in and before the Italian court system.
• Section 16: Arbitration: You and ICS agree to submit any dispute that does not arise out of the negligence or willful fault of ICS to binding arbitration. The arbitration shall be conducted by the International Chamber of Commerce in the venue specified in Section 15 above.
After returning to the United States and recovering from his injuries, Mr. Jones filed a personal injury suit in the U.S. District Court in Miami, Florida, on June 20, 2007, seeking $1,000,000 for the injuries he sustained.
Using the information learned in your reading this module and gained from additional research, you should review the case facts, identify the legal issues, and prepare arguments and defenses for your respective clients.