WARNING / NOTICE:
Today, a very important order was issued “advising and admonishing all persons asserting claims for any and all losses, damages, injuries, deaths or destruction allegedly resulting from the occurrences and happenings (related to the sinking of the El Faro must) file their respective claims with the Clerk of the United States District Court for the Middle District of Florida, Jacksonville Division, 300 North Hogan Street, Jacksonville, FL 32202 on or before the 21st day of December 2015 , and serve Plaintiff’s attorneys.”
Read / Download it here- EL FARO FEDERAL COURT ORDER.
Any cases filed in state court MUST comply and claims must be filed in Federal Court. This matter was most appropriate in federal court all along and the Tote Defendants are removing the cases to federal court. Not abiding by this federal court order may hinder or eliminate recovery.
FAQ: How can this Order essentially shorten the Statute of Limitations to six weeks?
46 U.S. Code § 30508 gives three years to file a claim. However, 46 U.S. Code § 30511 says, “when an action has been brought under this section and the owner has complied with subsection (b), all claims and proceedings against the owner related to the matter in question shall cease.”
The judge now needs to determine if the case is capped and whether the disbursement of the $15-plus million dollars the owner’s feel is the appropriate cap is valid. However, this cap is only where the negligence “occurred without the privity or knowledge of the owner.” We suspect there will be substantial information that they knew.
Here is all of the applicable law- https://floridajustice.com/el-faro-exoneration-from-or-limitation-of-liability-under-46-u-s-c-sections-30505-to-30511/.
This Post summarizes each and every case which has been filed to date related to the El Faro.
This Post discusses the Jones Act and how quickly lawyers jumped to take these cases, many not even alleging the correct theories and filing in state court instead of federal court.
This Post includes the Limitation of Liability law.
This Post discusses the atrocious lawsuit filed as a joke related to this case.
PRESERVE YOUR RIGHTS:
John Phillips, a Florida Board Certified Civil Trial lawyer, is teaming up with Rod Sullivan, a Florida Board Certified Admiralty and Maritime lawyer, to preserve claims in federal court in Jacksonville. At a minimum, claimants should be entitled to a pro rata share of the $15,309,003.50 which will soon be deposited with the Court and we plan to reject the Defendants attempts to limit liability in this amount and recover all damages allowed under the law.