By: Thomas Bona and Thomas P. Armstrong
Knowing and applying key jurisdictional issues can mean the difference between an early dismissal of a case against a client or having to defend a case for years and incur mounting legal fees. The United States Federal Court for the Southern District of Florida recently dismissed Plaintiff’s lawsuit seeking more than $1 million dollars in damages, in favor of a Gerber Ciano Kelly Brady client, represented by Frank Ciano and Thomas Armstrong. The Plaintiff, a Missouri resident and cruise line passenger, sustained catastrophic injuries from an accident occurring on an Italian ferry in Italy. The ferry company provided passenger transportation to and from Italian ports throughout the Mediterranean Sea.
Plaintiff claimed that Florida federal court had U.S. Admiralty jurisdiction over the ferry company. However, Mr. Ciano and Mr. Armstrong quickly identified the lack of jurisdiction and filed a motion to dismiss arguing the Court lacked jurisdiction over the Italian ferry company. The case involved the application of United States Admiralty and Maritime Law, which has its roots in early nineteenth century law where vessels could be “seized” as collateral, known as “quasi in rem” proceedings.
Mr. Ciano and Mr. Armstrong successfully argued that U.S Admiralty Jurisdiction only exists where the company has property or funds in the federal district’s jurisdiction capable of attachment. Mr. Ciano and Mr. Armstrong also successfully argued that the ferry company lacked “minimum contacts” with Florida or the United States such that under Due Process, the Court could properly exercise jurisdiction over the company. The United States Federal Court for the Southern District of Florida agreed and dismissed the case.
In every case we defend, the attorneys at Gerber Ciano Kelly Brady thoroughly evaluate every possible defense for our clients starting with jurisdiction. Our team of outstanding attorneys seek to identify opportunities for early dismissal and vigorously present our client’s defenses. Failure to assert core issues such as jurisdiction and other procedural issues at the outset of the case can often result in a waiver of the client’s defenses and can force a client to defend a case for years or pay compensation where the case could have been dismissed.
Gerber Ciano Kelly Brady LLP attorneys are well versed in federal and state court practice across the United States. Our team is skilled at identifying your unique needs and passionately resolving your case swiftly and effectively. Contact Frank Ciano or Thomas Armstrong if you have an issue that needs review.
