A Miami state court jury has awarded $1 million to a seafaring pastry chef who lived with a disabling pacemaker for a year only to discover he never needed it. Shalesh Butto, an otherwise healthy, 31-year old second-degree black belt jiu-jitsu fighter, blamed his employer for the mistake. Celebrity Cruise Lines sent the crewmember from Europe to the Dominican Republic in 2009 to see less expensive doctors after he complained of headaches and facial pain in 2009.
Doctors first inserted a pacemaker and then performed sinus surgery for an infection the following week. Butto's symptoms disappeared. But for the next year, pain surged through Butto's chest and he ultimately had to use a walker to walk. After obtaining a visa, he saw Miami cardiologists who removed the pacemaker and after doing so, Butto recovered.
Butto sued for medical negligence under the U.S. Jones Act and won the award after a one-week jury trial before Miami-Dade Circuit Judge Ronald Dresnick. Celebrity is reportedly exploring their post-trial and appellate remedies.
If you are interested in contacting me, please feel free to do so at motero@houckanderson.com or miamipandi@comcast.net.
Cruising in Cuba
American citizens are allowed to visit Cuba, but U.S. law prohibits us form spending money there and the U.S. embargo prohibits cruise ships that visit Cuba to enter the United States for six months afterwards. In 2005, cruise shipping came to a near halt in 2005 when Fidel Castro said he no longer wanted cruise ships in Cuba. He cited the cost of day-visit tourists tramping through Havana outweighing the benefits. Fidel criticized cruising for being floating hotels, floating restaurants, floating theaters and floating diversions that try to leave their trash, their empty cans and papers for a few miserable cents. Fidel then cancelled an Italian firm's contract to run Cuba's cruise terminals, with the final nail in the "proverbial coffin" when a Spanish ship, the PULLMANTUR, bypassed the island after being bought by an American firm that was subject to the U.S. embargo.
As a result, only a few cruise ships visited Cuba from 2005 to 2010. However, the Caribbean Maritime magazine in its October-December 2011 issue is reporting that cruising is coming back to life in Cuba. Cuba is actively wooing back European and Canadian cruise lines welcoming in January 2011 its first large cruise ship in almost 6 years. Ships currently visiting Havana and other Cuban ports include the THOMSON DREAM, ADRIANA, EXPLORER and CUBA CRISTAL.
The THOMSON DREAM is a 42,092-ton British cruise ship. Measuring 798 feet in length, it can carry 1,500 passengers and 600 crew. From January to March, the ship's Caribbean tour includes a two-day stopover in Havana. The ADRIANA is a boutique cruise ship, departing Havana and including four other stops in Cuba--the Isle of Youth, Trinidad de Cuba, Santiago de Cuba and Cayo Saetia. The ADRIANA is operated by Tropicana Cruises, with a gross tonnage of 4,591 grt and a length of 340 feet, she can carry 300 passengers with 135 crew.
It is reported that Cuba Cruise will be launching Cuban cruises in December 2011 with its 480-stateroom ship LOUIS CRISTAL, operating as the CUBA CRISTAL. The ship departs Havana and calls at 6 other Cuban ports: Bahia de Nipe, Cayo Guillermo, Santiago de Cuba, Cayo Caguamas, Cienfuegos, Trinidad and Punta Frances, the larges of the islands of Cuba and featuring 6 Unesco World Heritage Sites and 4 national parks and preserves. The CUBA CRISTAL, which can carry 1,200 passengers, will be operating mainly in the Canadian market.
It has been reported that a U.S.-based ship, the 24,318 ton EXPLORER applied to visit Havana in December on its world cruise. If approved, it will be the first U.S. ship to enter Cuban waters for almost 50 years.
If you are interested in receiving a complete copy of the Caribbean Maritime article or wish to contact me, you may reach me at miamipandi@comcast.netor motero@houckanderson.com.
In-House Attorneys Feel Targeted by Hyper Regulation
The Daily Business Report has an excellent article, wherein they report that key players, including corporate counsel, are increasingly finding themselves under intense regulatory scrutiny. As a result, in-house lawyer liability for corporate misconduct is edging up.
It is reported that between six and nine criminal or civil and administrative cases are brought against companies' top attorney every year. However panelists at the Association of Corporate Counsel annual meeting in Denver were unable to agree on the severity of the problem. Some have suggested that the job of general counsel is not safe. Others counter than the SEC is not on a witch-hunt for inside lawyers. Nevertheless, regulatory and economic pressures on in-house lawyers are underlying themes across many of the annual meeting's 80-plus panels and other events.
Corporate counsel were generally considered exempt from scrutiny, as they were considered a corporation's legal advisers. However, corporate counsel are now considered key players and therefore prime targets for government investigations. Some speculate that when the top lawyer gets in trouble, it is because that individual was wearing "two hats" by doubling in another senior management level position, such as chief financial officer. However where the top lawyer relied on the advice of outside counsel for similar matters, they have almost never been targeted.
This advice that should be taken away from this article is that the general counsel of a company has the broadest responsibility for the well-being of a company. As a result, the general counsel should not allow their advocacy skills to overwhelm their role as counselor and should rely more on the advice of outside counsel when faced with a corporate dilemma.
If you are interested in receiving a complete copy of the DBR article or wish to contact me, you may do so at miamipandi@comcast.net or motero@houckanderson.com.
Major Expansion of Cuba's Mariel Port
The Caribbean Maritime magazine has published in their "Grapevine" section for October-December 2011 that the Cuban Port of Mariel is undergoing a major expansion. Mariel, 28 miles west of Havana, is the largest port on the north coast of Cuba, second only to Havana. The first stage of the port development reportedly involves the construction of 765 yards of berthing space. This is expected to be completed by 2014. When completed, the terminal will have an annual capacity of about 850,000 teu, compared with Havana's 350,000 teu.
It is reported that all industrial port facilities of the Port of Havana will be moved to Mariel so as to free Havana harbor to handle cruise ships and recreational boating activity. Once this is accomplished, the industrial land area near the Port of Havana will be redeveloped for tourist and eco-friendly uses.
Mariel is tapped to be the location for logistics facilities for offshore oil exploration and will have a container terminal, cargo storage facilities, a marine technical school and an area for light manufacturing.
If you are interested in receiving a complete copy of the Caribbean Maritime article or wish to contact me, you may do so at miamipandi@comcast.net or motero@houckanderson.com.