Author Archives: Robert

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.

Recovery of attorney’s fees in a admiralty cases.

Under the concept of “the American rule,” court awards of attorneys’ fees are usually not recoverable and are regarded as exceptional under maritime law. In Reliable Salvage and Towing, Inc. v. 35’ Sea Ray, 2011 WL 1058863 M.D.Fla., March 21, 2011), the Court … Continue reading

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Is The Concordia Incident Subject to Exonoration or Limiation of Liability?

Issues – FLAG and LIMITATION OF LIABILITY of the Costa Concordia: Costa Concordia: (Flag:Italy IMO:9320544 MMSI:247158500 Type of Cargo:––– Gross Tonnage:114147 tons) 46 USC CHAPTER 305—EXONERATION AND LIMITATION OF LIABILITY does not apply nor is Italy a party to the … Continue reading

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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 … Continue reading

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Costa Cruise Ticket – Forum Selection – Non US Cruises

b) Voyages That Do Not Depart from, Return to, or Visit a U.S. Port – All claims, controversies, disputes, suits and matters of any kind whatsoever arising out of, concerned with or incident to any voyage that does not depart … Continue reading

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Supreme Court of the United States Rules in GPS Vehicle Tracking Case

On January 23, 2012 – Supreme Court ruled agreeing that admission of the evidence obtained by warrantless use of the GPS tracking device violated the Fourth Amendment, reasoning that under a privacy expectation rationale that the Forth Amendment protects “the right … Continue reading

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