United States District Judge James Lawrence King Entered an Order In Favor of Brais & Brais' Client Denying Carnival's Motion to Dismiss and Granting Florian's Motion to Remand Cause Back to State Court
Carnival crewmember sued for shipboard personal injuries, failure to provide Jones Act prompt, proper and adequate medical care, unseaworthiness, maintenance and cure benefits and tender of substandard medical by Carnival's selected doctors in Peru. Florian was originally treated and diagnosed in Miami, Florida but was repatriated to Peru allegedly due Carnival's inability to keep Florian in Miami, Florida for medical treatment based upon "immigration issues." Carnival removed the claim from state to federal court pursuant to The Aribitration Act and later moved for dismissal of the claim, in favor of arbitration per terms within the crewmember's employment contract in a foreign jursidiction. The crewmember moved for the case to be remanded because Carnival produced only a signed contract for a previous contract of employment, but not a contract for the period of employment during which Florian suffered his injuries. Carnival submitted an affidavit claim that Florian could never have boarded the ship to begin his second employment contract unless he signed a contract of employment. Carnival further claimed the subject contract was lost. Florian submitted an affidavit that he was never presented with or signed an employment contract at the beginning of his second period of employment with Carnival.
Winward Associates Corp., v. M/Y Esterel & Wilson Yacht Management (USA), LLC
Admiralty & Maritime
Nov 30, 2009
The Court ruled in favor of Brais & Brais' client, Winward Associates, and entered judgment in Windward's favor for the entirle amount owned.
Brais & Brais represented a ship repairer and refurbisher who arrested a ship, in rem, and pursued a claim in personam for amounts due after completing repairs to a mega yacht, the M/Y Esterel. Though the work was done to the owner's specifications the yacht owner refused to pay the balance due to B&B's client, Winward Associates. A four day trial was held in the United States Districk Court for the Middle District of Florida. Defendants where represented at trial by Moore & Company.
Nurkiewicz v. Vacation Break U.S.A., Inc.
Admiralty & Maritime
Nov 22, 2000
The Fourth Disctrict Court of Appeals ruled in favor of Brais & Brais' client, granting summery judgment on Plaintiff's claims of unseaworthiness and Jones Act Negligence. The Court also struck Plaintiff's claim for Punitive Damages.
A yacht captain's claim for unseaworthiness, Jones Act negligence and maintenance and cure benefits for back injuries suffered when the captain chose to load stores in a location selected by him and in quantiites he purchased.