Running head: JURISDICTION AND LITIGATION 1 JURISDICTION AND LITIGATION 2 Assignment 1: Jurisdiction and Litigation Carlos Cruz International Business Law & Practices | B7616 Professor: Russell Riggs Argosy University-Atlanta Jurisdiction and Litigation Case: Carson Jones (Plaintiff) vs. Italian Cruise Ships (Defendant) Parties: Defendant, Italian Cruise Ships Facts: 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. Issue 1: Carson Jones (Plaintiff), failed to follow 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 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 b ...

1. Running head: JURISDICTION AND LITIGATION
1
JURISDICTION AND LITIGATION
2
Assignment 1: Jurisdiction and Litigation
Carlos Cruz
International Business Law & Practices | B7616
Professor: Russell Riggs
Argosy University-Atlanta
Jurisdiction and Litigation Case: Carson Jones (Plaintiff) vs.
Italian Cruise Ships (Defendant)
Parties: Defendant, Italian Cruise Ships
Facts: 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:

2. 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.
Issue 1: Carson Jones (Plaintiff), failed to follow 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 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.
Arguments: Personal injury suit in the U.S. District Court in
Miami, Florida, on June 20, 2007, seeking $1,000,000 for the
injuries Carson Jones sustained while leveraging 28 U.S. Part

3. IV. Cap. 87 S. 1391 (b) & (d) carries no legal weight
considering the ticket was purchased in Miami, FL with Section
16: Arbitration terminology that was agreed upon before
boarding and ICS ship: 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. Dillon v. Admiral Cruises, Inc.
case is not a fair and equitable comparison to Carson Jones
(Plaintiff) vs. Italian Cruise Ships (Defendant) considering
there was no venue violation in play (Dillon v. Admiral Cruises,
Inc. 1992)
Issue 2: Carson Jones (Plaintiff) agreed with ICS before
boarding its ship that Mr. Jones would abide by Section 14 of
their agreement.
Arguments: 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. Mr.
Jones has incorrectly filed an Italian lawsuit in American courts
and therefore is in violation of Section 14
Conclusions: ICS expects Mr. Jones to drop the Miami, FL,
United States suit and refile in Italy within a tears time from the
incident in order to be properly handled.
References
Dillon v. Admiral Cruises, Inc. (1992) 960 F.2d 743, 746 (8th
Cir. 1992)
Schaffer, Richard. (2015). International Business Law and Its
Environment, 9th Edition.
[VitalSource Bookshelf Online]. Retrieved from
https://digitalbookshelf.argosy.edu/#/books/9781305483118/
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Running head: Jurisdiction and Litigation

4. 6
Assignment 1- Jurisdiction and Litigation
Uwem E. Akangson
Argosy University Online
B7616 G01| International Business Law & Practice
Module 2 Assignment 1
Group A: Uwem Akangson & Stephanie Ardrey
Dr. Russel Riggs
14th May, 2016
Brief by Group A:
a. Party: Carson Jones (the Plaintiff).
b. Facts: Sometime on or about June 15, 2006, the Plaintiff, a
U.S. citizen who resides in California being desirous of
embarking on a Caribbean cruise from Miami, Florida
contracted with the Defendant Messrs. Italian Cruise Ships,
(though an Italian corporation) maintains a sales and marketing
office in Miami, Florida out of which the Plaintiff purchased
ticket for the Caribbean cruise which ticket was issued out of

5. the Defendant’s Miami, Florida’s office. Furthermore, the
Defendant indeed carried internet advertising and marketing
brochures which contains a U.S. phone number and mailing
address. The Defendant in discharging its contractual obligation
to the Plaintiff was reckless in trying to ferry the Plaintiff and
other passengers from the ship in a small boat to the port of
Acapulco which capsized and thereby causing grievously
injuring the Plaintiff (and other passengers). The plaintiff
arising from the Defendant’s reckless conduct suffered a broken
arm and loss of two toes severed from his right foot by a sharp
object. The Plaintiff has suffered loss or business, grievous
bodily hurt and a breach of contract from the Defendant’s
reckless conduct who has failed to discharge its contractual
obligation thereunder.
c. Issue 1: Negligent and or reckless breach of contract by the
Defendant causing grievous bodily hurt, loss of limbs to the
Plaintiff.
d. Arguments: The Plaintiff entered into a contractual
relationship with the Defendant in Miami, Florida to take the
Plaintiff on a Caribbean cruise from Miami, Florida. By virtue
of 28 U.S. Part IV. Cap. 87 S. 1391 (b) & (d), the court in
Miami, Florida has jurisdiction to determine this cause of action
because the contract was entered into wholly in Miami, Florida
and the Defendant by virtue of its Miami, Florida office where
the Plaintiff’s ticket was issued, resides and carries on business
within the jurisdiction of Miami, Florida and has therefore
submitted to the jurisdiction of the State of Florida to
adjudicate on the cause of action. The cause of action is breach
of contract because the Defendant contracted to take the
Plaintiff on a Caribbean cruise but has breached that contract
and in the process occasioned grievous bodily injuries to the
Plaintiff. In the celebrated case of Dillon. v. Admiral Cruises
Inc. (1992) a case of a passenger involved in an accident while
on a cruise. The court held that the cruise liner may be estopped
from relying on the time limitation to commence a legal action.
In relying on this case, I therefore submit that the Defendant

6. should be estopped from relying on Section 13 of the contract
on time limit for noticing claims and filing and service of law
suits on the grounds of equity, natural justice and good
conscience. The Plaintiff is therefore entitled to have his case
heard in the District Court of Miami, Florida to substantiate a
case of breach of contract, recklessness occasioning grievous
bodily harm to the Plaintiff. Furthermore, Section 3(6) of the
Shipping Act of 1984 46 U.S.C. Sec. 1702(6) is very clear on
strict liability as being available and applicable in cruise ship
injury cases. The law states that the cruise ship is duty bound to
show care and discharge same in ensuring that every passenger
who boards a ship especially from the U.S. soil must be
protected from any kind of harm or injury for the duration of
the cruise until the passenger safely gets to their destination
failing which the ship cruiser is liable under this provision. This
provision of the law was followed in the case of New Jersey
Steamboat Co. v. Brockett (1887) as well as the case of Holland
America Cruises, Inc. v. Underwood (1985) where it was also
held that common carrier has strict liability to protect
passengers from crime and injury or hurt on ships.
e. Issue 2: Insurance Claims/Compensation to the Plaintiff.
f. Argument: All cruise boats by law are entitled to be insured
and by passengers buying the tickets to embark on a cruise, the
passengers are contractually covered under the insurance policy
in the event of injury, loss of limbs or death to be so covered
and are entitled to be indemnified accordingly. The U.S. Federal
Maritime Commission has stated that every passenger who
embarks on a ship cruise from US soil is covered by insurance
and the ship owner is entitled to discharge the contractual
obligation by indemnifying the Plaintiff who in the course of
the cruise has suffered broken arm and lost two toes as a result
of the recklessness and negligence of the Defendant. The
Plaintiff is therefore entitled to claim under the Admiralty Laws
governing the issuance of insurance to cover all passengers on a
ship or boat cruise in the event of an accident occasioning
injury or death.

7. g. Conclusion: Accordingly, therefore, the Plaintiff is entitled
to claim and to succeed under his claims against the Defendant
under the strict liability rule for breach of contract of care,
where the Defendant failed to ensure that the Plaintiff reached
his destination safely and return on the Caribbean cruise.
Furthermore, the Plaintiff is covered by insurance policy against
injury or death occasioned by the accident and should therefore
be reinstated to the position he was physically, medically and
financially before the accident. The Defendant has caused the
Plaintiff a lot of stress and emotionally trauma leading to his
disability by the loss of limbs which cannot be adequately
compensated for in damages alone. The Defendant should
undertake medical bills to ensure that the Plaintiff has artificial
limbs that could assuage his physical disability and emotional
trauma as a result of the accident. The Plaintiff therefore claims
USD$1,000,000.00 (One Million Dollars) only as compensation
in addition to all the medical bills to be incurred for surgeries
resulting here from. The Plaintiff’s case has merit on all
ramifications.

8. References:
Dillon v. Admiral Cruises, Inc. (1992) 960 F.2d 743, 746 (8th
Cir. 1992)
Holland America Cruises v. Underwood (Fla. Dist. Ct. App.
1885) 470 So.2d 19, 20.
New Jersey Steamboat Co. v. Brockett (1887) 121 U.S. 637,
645-646.