LATEST NEWS from the Concordia Case, MEDIATION and things TO DO

Concordia caseLatest news from the mediation hearings is that, after 34 years Micky Arison leaves his post as CEO of Carnival

In our opinion, this decision is a reaction to continued pressure from public opinion in an attempt to show that the company, from now on, will be led by a new team which will work to improve safety standards after embarrassing events such as the sinking of the Costa Concordia and the fire in the generator compartment on the Carnival Triumph, and improve the reputation of a company that is losing it on the market and the stock market.

Regarding our negotiations in the MEDIATION in U.S. in cooperation with John Eaves law firm, we are convinced that such a change of the vertices of the Carnival, will help to solve amicably the compensation issue: Carnival’s lawyers have already discussed the possible agreement to treat over compensations even for non-American citizens, in cases of minor and medium damage. For the 9th and 10th of July are set meetings to discuss compensation for all the cases we presented, including cases of death, serious injury and loss of high-value assets.

in the U.S. mediation, Carnival effectively accepted the mediation process and has made ​​a proposal that is currently linked to the obligation of confidentiality between the parties and the mediator.

Of course, your acceptance is not required, and for this reason we however believe urgent protect you also through the criminal trial, as done with all our clients (93 passengers)

The Carnival proposal, however, is formalized and includes an offer of compensation divided by bands of interest:

  • base amount sum / base amount x2 -> PSTD without serious injury
  • previous value / same value x3 -> serious injury / serious
  • last fixed echelon of value -> damage to death

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Nella mediazione americana la Carnival HA EFFETTIVAMENTE ACCETTATO la mediazione e ha fatto una proposta che attualmente è legata al vincolo di riservatezza tra le parti e il mediatore.

Ovviamente la vostra accettazione non è obbligatoria, e proprio per questo riteniamo urgente comunque tutelarvi anche nel processo penale, come per tutti i nostri clienti

La proposta comunque è formalizzata e prevede una offerta di risarcimento divisa per scaglioni di interesse:

  • somma base/somma base x2 -> PSTD senza lesioni fisiche gravi
  • precedente valore/stesso valore x3 –> lesioni gravi/gravissime
  • ultimo scaglione di valore –> danno per morte

The money is on the table now, we just need to cooperate with our firm to get it

About the the criminal proceedings against the commander Schettino,

July 17th we  opened the debate phase of the Concordia Case (Schettino defendant), and after the positive establishment of the new civil parties, we discussed the repeated request to be excluded from Costa SpA as a civil party to the incompatibility of this role with that of responsible civil society itself, as well as responsible for the faults in plea agreement made by Costa for 1 million euro. The Court, however, adapts its decision for that already taken by the judge of the preliminary hearing and then Costa SpA remains in the process as a victim too. We then discussed the exceptions relating to many lists of witnesses and other evidence required by all parties.

SO WE ARE AN ACTUAL PART OF THE TRIAL, CLAIMING FOR CIVIL COMPENSATION AGAINST SCHETTINO, AND COSTA AS CIVIL RESPONSIBLE FOR THE DAMAGES. This was not at all an automatically given result, as many other parts have been excluded for formal as much as for substantial reasons

  The next day, after evaluating the documents produced by the parties, the focus was mainly on the request by the defense of the accused Schettino and Codacons, for an additional urgent survey before the ship is moved in September and is therefore alter the change in state of places. The court, in a conservative manner, has reserved the decision at the time when the ship will be straightened, allowing access to the affected areas of the tests in safety, now mainly being immersed in the lower side, and running and following an examination of experts and consultants of the parties.
 
  It was for this determined the schedule of hearings: from 23 September to 4 consecutive days

In total, for all the 100&more plaintiffs and claiming damages all admitted in the trial and represented by the pool “Giustizia per la Concordia“, we can be fully satisfied especially for the spirit of collaboration and effective synergy between all parties and, in some way, even with the defense of Schettino, on the insistent claim to investigate the reasons for the sinking in a broader sense than has been so far.

Very effectively, in fact, it has been stated many times in court that the trial carried out so far has stopped to the impact on the rocks of Scole, leaving unexplored everything that happened later on board the Costa Concordia, especially from a technical point of view and emergency operating of the ship. We have many unanswered questions about the operation and effectiveness of the design of watertight doors, emergency generator, doors closing lifts, the full outreach of the emergency boats remained stranded on the side of the ship and which may have contributed or determined the death of the 32 victims and most of the injuries and trauma to the passengers survived. It must be remembered that none of them suffered the injury at the time of the impact on the rocks, but only in the later stages of an emergency, which probably could have been managed more effectively if everything worked as it should.

We will remain so in the process to oversee the work of the prosecution office and that the criminal process will be, first of all, the instrument through which we can fully ascertain the truth and prevent new occurrence of catastrophic events such as the sinking of the Concordia, and not only, how would like the prosecutor, a simplistic assessment of responsibility to quickly arrive at a severe condemnation of Captain Schettino, facing 10 to 15 years in prison.

WE NEED TO KEEP MEDIATIC AND TRIAL PRESSURE ON COSTA SPA ABOUT THE LACK OF SECURITY OF THEIR SHIP AND FORCE THEM IN THE INTEREST FOR A RAPID AGREEMENT ON OUR COMPENSATION

ABOUT THE PLEA BARGAIN (saturday 20.07.2013) of the other co-defendants

We feel that the penis by building abuse, not adequate and certainly not to the death of 32 people

This can not be justice for the victims of the sinking, can not be criticized only Schettino and the entire grave responsibility for what happened, especially in the second part of the accident, HAS TO BE SHARED even with the officers on the bridge and the heads of the Costa SpA, but they come out of the process without a single day of prison sentences being within the limit of the conditional suspension of mild or alternative measures, but, more importantly, without having the slightest care of compensation to the victims of the sinking, for which, we recall, the Company Costa had been called to answer in criminal proceedings as civil liability for damages.

We all hoped that the GUP Dr. Molino would reject to the sender this agreement, inappropriate, not only the extent of the penalties agreed with the PM, but also not to have conditioned the plea agreement prior to the damages compensation for the damaged parties, as is common in all courts of justice for crimes far less serious than those of which we speak.

It is our firm intention to ASK THE ATTORNEY GENERAL OF THE REPUBLIC TO CONTEST THIS SHAMEFUL DECISION, which, in the eyes of the whole world watching us, can only be considered an easy, too easy, ESCAPE TO THE ACCUSED

Obviously this part of the process of plea bargaining of the other defendants, did not have any kind of influence over Your claim for damages, but in a sense of keeping to put pressure on the Costa Company, we believe that any initiative will lead to an advantage for any agreements

THE NEXT HEARING IN SEPTEMBER WILL BE FOR EXAMINATION OF THE EXPERTS REPORTS

Meanwhile the mediation in US with Carnival has been discussed on a daily bases this week, and we will give You alla the details as soon as we will have a fixed result in the negotiations.

VI INVITIAMO a contattarci immediatamente qualora vogliate partecipare alla MEDIAZIONE NEGLI STATI UNITI CON CARNIVAL, poiché il termine di partecipazione coincide con la chiusura dei negoziati, che potrebbe avvenire ogni giorno. VI RICORDIAMO CHE LA PARTECIPAZIONE NON COMPORTA ALCUN MINIMO COSTO O RIMPBORSO, ESSENDO SOLO LEGATA AD UNA PERCENTUALE SU QUANTO PERCEPITO DAL CLIENTE, DECIDESTE DI ACCETTARE LA PROPOSTA DI CARNIVAL

Concordia caseLatest news from the mediation hearings is that, after 34 years Micky Arison leaves his post as CEO of Carnival

(see http://www.lloydslist.com/ll/sector/ship-operations/article425149.ece).

In our opinion, this decision is a reaction to continued pressure from public opinion in an attempt to show that the company, from now on, will be led by a new team which will work to improve safety standards after embarrassing events such as the sinking of the Costa Concordia and the fire in the generator compartment on the Carnival Triumph, and improve the reputation of a company that is losing it on the market and the stock market.

Regarding our negotiations in the MEDIATION in U.S. in cooperation with John Eaves law firm, we are convinced that such a change of the vertices of the Carnival, will help to solve amicably the compensation issue: Carnival’s lawyers have already discussed the possible agreement to treat over compensations even for non-American citizens, in cases of minor and medium damage. For the 9th and 10th of July are set meetings to discuss compensation for all the cases we presented, including cases of death, serious injury and loss of high-value assets.

U.S. mediation in the Carnival effectively accepted the mediation process and has made ​​a proposal that is currently linked to the obligation of confidentiality between the parties and the mediator.

Of course, your acceptance is not required, and for this reason we however believe urgent protect you also through the criminal trial, as done with all our clients (93 passengers)

The Carnival proposal, however, is formalized and includes an offer of compensation divided by bands of interest:

  • base amount sum / base amount x2 -> PSTD without serious injury
  • previous value / same value x3 -> serious injury / serious
  • last fixed echelon of value -> damage to Death

 

About the the criminal proceedings against the commander Schettino,

July 17th we  opened the debate phase of the Concordia Case (Schettino defendant), and after the positive establishment of the new civil parties, we discussed the repeated request to be excluded from Costa SpA as a civil party to the incompatibility of this role with that of responsible civil society itself, as well as responsible for the faults in plea agreement made by Costa for 1 million euro. The Court, however, adapts its decision for that already taken by the judge of the preliminary hearing and then Costa SpA remains in the process as a victim too. We then discussed the exceptions relating to many lists of witnesses and other evidence required by all parties.   SO WE ARE AN ACTUAL PART OF THE TRIAL, CLAIMING FOR CIVIL COMPENSATION AGAINST SCHETTINO, AND COSTA AS CIVIL RESPONSIBLE FOR THE DAMAGES. This was not at all an automatically given result, as many other parts have been excluded for formal as much as for substantial reasons   The next day, after evaluating the documents produced by the parties, the focus was mainly on the request by the defense of the accused Schettino and Codacons, for an additional urgent survey before the ship is moved in September and is therefore alter the change in state of places. The court, in a conservative manner, has reserved the decision at the time when the ship will be straightened, allowing access to the affected areas of the tests in safety, now mainly being immersed in the lower side, and running and following an examination of experts and consultants of the parties.     It was for this determined the schedule of hearings: from 23 September to 4 consecutive days

In total, for all the 100&more plaintiffs and claiming damages all admitted in the trial and represented by the pool “Giustizia per la Concordia”, we can be fully satisfied especially for the spirit of collaboration and effective synergy between all parties and, in some way, even with the defense of Schettino, on the insistent claim to investigate the reasons for the sinking in a broader sense than has been so far.

Very effectively, in fact, it has been stated many times in court that the trial carried out so far has stopped to the impact on the rocks of Scole, leaving unexplored everything that happened later on board the Costa Concordia, especially from a technical point of view and emergency operating of the ship. We have many unanswered questions about the operation and effectiveness of the design of watertight doors, emergency generator, doors closing lifts, the full outreach of the emergency boats remained stranded on the side of the ship and which may have contributed or determined the death of the 32 victims and most of the injuries and trauma to the passengers survived. It must be remembered that none of them suffered the injury at the time of the impact on the rocks, but only in the later stages of an emergency, which probably could have been managed more effectively if everything worked as it should.

We will remain so in the process to oversee the work of the prosecution office and that the criminal process will be, first of all, the instrument through which we can fully ascertain the truth and prevent new occurrence of catastrophic events such as the sinking of the Concordia, and not only, how would like the prosecutor, a simplistic assessment of responsibility to quickly arrive at a severe condemnation of Captain Schettino, facing 10 to 15 years in prison.

WE NEED TO KEEP MEDIATIC AND TRIAL PRESSURE ON COSTA SPA ABOUT THE LACK OF SECURITY OF THEIR SHIP AND FORCE THEM IN THE INTEREST FOR A RAPID AGREEMENT ON OUR COMPENSATION

ABOUT THE PLEA BARGAIN (saturday 20.07.2013) of the other co-defendants

We feel that the penis by building abuse, not adequate and certainly not to the death of 32 people

This can not be justice for the victims of the sinking, can not be criticized only Schettino and the entire grave responsibility for what happened, especially in the second part of the accident, HAS TO BE SHARED even with the officers on the bridge and the heads of the Costa SpA, but they come out of the process without a single day of prison sentences being within the limit of the conditional suspension of mild or alternative measures, but, more importantly, without having the slightest care of compensation to the victims of the sinking, for which, we recall, the Company Costa had been called to answer in criminal proceedings as civil liability for damages.

We all hoped that the GUP Dr. Molino would reject to the sender this agreement, inappropriate, not only the extent of the penalties agreed with the PM, but also not to have conditioned the plea agreement prior to the damages compensation for the damaged parties, as is common in all courts of justice for crimes far less serious than those of which we speak.

It is our firm intention to ASK THE ATTORNEY GENERAL OF THE REPUBLIC TO CONTEST THIS SHAMEFUL DECISION, which, in the eyes of the whole world watching us, can only be considered an easy, too easy, ESCAPE TO THE ACCUSED

Obviously this part of the process of plea bargaining of the other defendants, did not have any kind of influence over Your claim for damages, but in a sense of keeping to put pressure on the Costa Company, we believe that any initiative will lead to an advantage for any agreements

THE NEXT HEARING IN SEPTEMBER WILL BE FOR EXAMINATION OF THE EXPERTS REPORTS

Meanwhile the mediation in US with Carnival has been discussed on a daily bases this week, and we will give You alla the details as soon as we will have a fixed result in the negotiations.

 

We invite you to express with the highest priority AS SOON AS POSSIBLE, your interest in participating in the mediation, as it is necessary to be a part of the mediation before the Agreement, and have as well several documents via email

 

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