'Norway" victims want more money

[smeyer418]

Do you have a case where the court mentioned or imposed a 3 to 1 guideline, because I couldn't find one. Of course I'm not a lawyer, so I could have easily overlooked or misinterpreted something.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=05-1256

 

although it doesn't have the magic number of 3 :1 its talks about the standards to be applied....and I hear through the grapevine that 3;1 is the magic number....(its why I put a ? around it...)

[njhorseman]

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=05-1256

 

although it doesn't have the magic number of 3 :1 its talks about the standards to be applied....and I hear through the grapevine that 3;1 is the magic number....(its why I put a ? around it...)

 

 

That was one of the decisions I read, and there was clearly no reference to a mathematical limit (other than citation of the earlier State Farm case that mentioned the "single digit" standard). Here's the key and concluding paragraph of the decision (bold lettering is mine):

 

"As the preceding discussion makes clear, we believe that the Oregon Supreme Court applied the wrong constitutional standard when considering Philip Morris' appeal. We remand this case so that the Oregon Supreme Court can apply the standard we have set forth. Because the application of this standard may lead to the need for a new trial, or a change in the level of the punitive damages award, we shall not consider whether the award is constitutionally "grossly excessive." We vacate the Oregon Supreme Court's judgment and remand the case for further proceedings not inconsistent with this opinion."

 

I'm not sure how this translates to "three" on the legal grapevine, but as since I'm not a lawyer I don't subscribe to that grapevine. ;)

[mbisson]

Hey, Montster! Welcome back! You missed a great time!

 

Hope your vacation was full of fun and sun!

 

SH:D

 

I believe he is away another week. He mentioned he might check in occasionally on his lap top. So, I think that was a drive-by. But, I'll be hoping you get a response. Good to see you as well, SH, missed you last week.

 

Correctamundo-although I got fried during the first sun day of vaca (incase you haven't heard it's rained a lot in Florida) so I'm checking in more than usual---but the wireless connection here sucks

 

Sorry for the interruption folks-now back to (what has become) your regularly scheduled "NCL Sucks" thread ;)

[nitnyleo]

Sorry for the interruption folks-now back to (what has become) your regularly scheduled "NCL Sucks" thread ;)

 

No one posted that "NCL sucks".

 

But, copping a plea to criminal negligence speaks for itself. . .

 

I enjoyed my NCL cruises. But, I cannot ignore the fact, nor should others, that NCL has showed a total disregard for human life in the pursuit of the dollar. And, to deny victims fair compensation for their loss, further demonstrates the extent of their greed.

 

I will spend my cruise dollars elsewhere. You can continue to spend you cruise dollars on NCL. . . . hopefully, you'll spend enough so that they don't have to knowingly put more crew members in harms way to make a profit.

[smeyer418]

No one posted that "NCL sucks".

 

But, copping a plea to criminal negligence speaks for itself. . .

 

I enjoyed my NCL cruises. But, I cannot ignore the fact, nor should others, that NCL has showed a total disregard for human life in the pursuit of the dollar. And, to deny victims fair compensation for their loss, further demonstrates the extent of their greed.

 

I will spend my cruise dollars elsewhere. You can continue to spend you cruise dollars on NCL. . . . hopefully, you'll spend enough so that they don't have to knowingly put more crew members in harms way to make a profit.

BTW who says NCL denied them fair compensation? That really isn't the issue. Its getting punitive damages that the attorney wants. They had to go through an arbitration process but the process was "fair"....although they would have gotten more from a Florida jury....

[Ontheotherhand]

Depending upon the arbitration agreement and rules, they also may have gotten more "compensation", even puntive damages, had the nature of the criminal investigation, and the criminal activities to which the corporation pleaded guilty, been brought before the arbitrator. Indeed, absent access to the agreement, it's difficult to really understand how the awards were arrived at. Perhaps the arbitrator applied a comparative negligience analysis in arriving at the comparative fault of each party and awarded the plaintiff less than would have been awarded had the arbitrator been aware of the criminal nature of NCL's activity; perhaps the arbitrator was able to award punitive damages and would have done so was he aware of the criminal negligience of NCL. There may well be more to this case than meets the eye, and proclaiming an award "fair' without understanding how it was arrived at and what the effect of the nonidsclosed information would/could have been on the magnitude of the award is disningenuous at bets.

[nitnyleo]

BTW who says NCL denied them fair compensation? That really isn't the issue. Its getting punitive damages that the attorney wants. They had to go through an arbitration process but the process was "fair"....although they would have gotten more from a Florida jury....

 

I thought the awards numbers showed a big disparity . . .

 

Eight crew members (2 killed, 6 injured) received $10.5 million (over 1 million a piece) in the US courts, but the 10 Filipinos (6 killed, 4 injured) only received $2.5 million ($250,000 a piece avg). Perhaps the difference in the cost of living in the Philippines explains the disparity. And, I'm sure the cost of past and future medical care for the injured is also part of the equation (as opposed to just a wrongful death award). So, while I won't agree with you at this point about the fairness, smeyer418, I won't disagree with you either . . .

 

As Ontheotherhand posted: "There may well be more to this case than meets the eye . . ." That is almost always the case.

[mbisson]

the NCL scumbags responsible for operating the ship should be doing jail time.

 

NCL needs to be put out of business. They are too irresponsible to operate a cruise line.

 

 

 

No one posted that "NCL sucks".

 

 

 

If I had made those statements---I would've been saying NCL sucks.

 

Guess you meant something else-sorry for interpeting them incorrectly

[smeyer418]

I thought the awards numbers showed a big disparity . . .

 

Eight crew members (2 killed, 6 injured) received $10.5 million (over 1 million a piece) in the US courts, but the 10 Filipinos (6 killed, 4 injured) only received $2.5 million ($250,000 a piece avg). Perhaps the difference in the cost of living in the Philippines explains the disparity. And, I'm sure the cost of past and future medical care for the injured is also part of the equation (as opposed to just a wrongful death award). So, while I won't agree with you at this point about the fairness, smeyer418, I won't disagree with you either . . .

 

As Ontheotherhand posted: "There may well be more to this case than meets the eye . . ." That is almost always the case.

 

look you really never know what is fair. A 90 year old gets killed gets $1,000,000 in the same accident a 30 year old gets killed and gets 10,000,000. Is that fair? It surely is the law. The amount is to compensate for the lost income(and other tangibles) the person would get. Someone who makes 10,000 will get less than someone who makes 100,000 same age etc...Generally its cheaper if someone dies than if someone is permanently badly injured(health costs are very expensive)

[LOWTYD]

If I had made those statements---I would've been saying NCL sucks.

 

Guess you meant something else-sorry for interpeting them incorrectly

 

You're lucky you are in Florida and no one can find you!:D

Hope you are having a good time.

 

(now would be good time to change your avatar to a vacumn. but we know you really don't mean it!)

[Mooder]

If I had made those statements---I would've been saying NCL sucks.

 

Guess you meant something else-sorry for interpeting them incorrectly

 

Really!? I think some of my absolutely favorite people should be doing jail time. :rolleyes:

 

Hope you find the right balance between rain and sun! ;)

[Sea Hound]

Really!? I think some of my absolutely favorite people should be doing jail time. :rolleyes:

 

Hope you find the right balance between rain and sun! ;)

HEY! I like to think I'm one of your favorite people but I won't do time for you!:eek:

 

Now Monte, on the other hand . . . . . .

 

SH:D

[Mooder]

HEY! I like to think I'm one of your favorite people but I won't do time for you!:eek:

 

Now Monte, on the other hand . . . . . .

 

SH:D

 

Not even cruise time? :o

[Sea Hound]

Not even cruise time? :o

Now THAT I'll do!:D

 

Slap on the handcuffs and call me Bubba!;)

 

SH:D

[Mooder]

Now THAT I'll do!:D

 

Slap on the handcuffs and call me Bubba!;)

 

SH:D

 

That clinches it - definitely among favorite people status. I've always 'wanted' to know someone named Bubba. ;)

[cruisers7771]

I enjoyed my NCL cruises. But, I cannot ignore the fact, nor should others, that NCL has showed a total disregard for human life in the pursuit of the dollar. And, to deny victims fair compensation for their loss, further demonstrates the extent of their greed.

 

I will spend my cruise dollars elsewhere. You can continue to spend you cruise dollars on NCL. . . . hopefully, you'll spend enough so that they don't have to knowingly put more crew members in harms way to make a profit.

 

 

 

Then you need to change your "about me" section on here.

[mbisson]

 

(now would be good time to change your avatar to a vacumn. but we know you really don't mean it!)

 

 

'Cept that I didn't make those statements, someone else did LOL

[nitnyleo]

Then you need to change your "about me" section on here.

 

Thanks for the reminder . . . I haven't been in there in ages.