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

bazaar Cruise Lines - Case Study Example2.2 The Case Law principally is Bremen v Zapata Off-Shore Co., 407 U.S. 1 (1972), which found that in light of present-day commercial realities and expanding international trade we conclude that the forum clause should control absent a strong cover 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 district court may transfer any polished action to any other district 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 fall back trip, as the air passed international waters, Eulala Shute slipped on a deck mat during a guided tour of the ships galley and was injured. The spouses filed suit, alleging negligence against the ships owners, Carnival Cruise Lines, and its employees. The act ion was filed in the U.S. District Court for Washingtons Western District. Carnival contended that the proper forum for the resolution of the struggle 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 can come from any number of locations as it is a business that transports people from place to place, and that passengers benefit from reduced fares overdue to the savings the cruise line realizes by limiting the fora for litigation. REACTION Upon reading the full text of the decision and after careful consideration, I would tend to dissent with the decision of the majority, and side with the dissenting opinion by Justice Stevens and joined by Justice Marshall. On the reasons given, I disagree that Carnival would be render to litigation in any number of places, because its customers would 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 residence 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 lower fares what is certain is that without assuming anything else, it automatically adds to the firms profits. fraction 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 impertinent those in Carnival. I side with Justices Stevens and Marshall in observing that in Bremen the parties were