7.2 Rule 23 Class Certification Requirements – Will Carnival/Costa Suit Survive Class Certification?

Carnival Corp. (CCL), the world’s largest cruise-line owner, was sued in the U.S. over the Jan. 13 wreck of the Costa Concordia off the coast of Italy, which killed at least 16 people and left the vessel half submerged on its side.

The complaint, alleging negligence and breach of contract, was filed yesterday in federal court in Chicago by crew member Gary Lobaton, who seeks class-action status to represent all victims of the disaster off Giglio Island. The ship’s captain, Francesco Schettino, has been accused of causing the accident and abandoning ship.

“The defendants failed to properly and timely notify all plaintiffs on board of the deadly and dangerous condition of the cruise ship as to avoid injury and death,” Lobaton, who was living in Lima, Peru, said in the complaint. They “were abandoned by the captain.”

The Carnival ship, carrying 4,200 passengers and crew for a Mediterranean cruise, struck rocks and ran aground leaving at least 16 people dead. There are still 16 people missing, according to the complaint.

The lawsuit, which also names Carnival’s Costa Crociere unit in Italy, seeks damages for alleged violation of the Athens Convention for carrying passengers at sea, breach of contract, negligence, unjust enrichment and punitive damages for passengers and crew, according to the complaint.  (Source:  Bloomberg http://bloom.bg/yoM1d3 via @BloombergNews)

Rules 23(a) and (b) of the Federal Rules of Civil Procedure govern  the requirements for class certification. Rule 23(a) sets forth four  threshold requirements for class certification, each of which must be  met: (1) the class is so numerous that joinder of class members is  impracticable (numerosity); (2) there are questions of law or fact  common to the class (commonality); (3) the claims or defenses of the  class representatives are typical of those of the class (typicality);  and (4) the class representatives will fairly and adequately protect the  interests of the class (adequacy).

Rule 23 Fed. R. Civ. Proc. Class Certification Requirements:

To certify a class, a court must also find that one of the  following requirements, set forth in Rule 23(b), are met: (1) that  prosecution of separate actions risks either inconsistent adjudications  which would establish incompatible standards of conduct for the  defendant or would as a practical matter be dispositive of the interests  of others; (2) that defendants have acted or refused to act on grounds  generally applicable to the class; or (3) that there are common  questions of law or fact that predominate over any individual class  member’s questions and that a class action is superior to other methods  of adjudication

Rules 23(a) and (b) of the Federal Rules of Civil Procedure govern  the requirements for class certification. Rule 23(a) sets forth four  threshold requirements for class certification, each of which must be  met: (1) the class is so numerous that joinder of class members is  impracticable (numerosity); (2) there are questions of law or fact  common to the class (commonality); (3) the claims or defenses of the  class representatives are typical of those of the class (typicality);  and (4) the class representatives will fairly and adequately protect the  interests of the class (adequacy).

Will Carnival/Costa Suit Survive Class Certification?

 

 

 

About Robert

As a U.S.C.G. Licensed Captain-Master and Attorney for over 30 years, member of the Maritime Law Association of the United States, Southeast Admiralty Law Institute, Robert L. Gardana, P.A., located in Miami, Florida, home to the largest passenger port in the world, is available to handle cases against cruise lines for injuries, death, missing persons, rape, assault and excursion related injuries or death.
This entry was posted in Blog. Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *