Members of the maritime law firm of Lipcon, Margulies & Winkleman, P.A. have successfully presented and argued a number of landmark cases.

Most of them are in the area of admiralty and maritime law and deal with claims by passengers or seafarers.

What is a Landmark Case?

landmark casesA landmark case or court decision is one in which new precedents are established, a new or substantially new legal principle is introduced or the law itself is substantively changed. Such a decision may signal the start of a shift in the law that can have broad and significant impact on future cases.

Handling a landmark case is challenging for cruise ship lawyers because it represents an attempt to “make new law” or to change existing laws. Courts are not legislative bodies and do not favor changing established trends or interpretations of the law. Courts are bound by a legal principle called, “stare decisis,” which is Latin for “to let the decision stand.” Judges are obliged to respect the precedent, or the legal message, of prior decisions.

Landmark case decisions are extremely rare and most law firms are lucky to have been involved in even one landmark case. They primarily occur at high level courts of appeals when appeals of legal matters from lower courts have reached conflicting or inconsistent conclusions. Landmark cases are rare in maritime law, because this area of the law is well-established and derives its roots in the English common law of the sea. Many principles or maritime law have been established for hundreds of years.

Landmark Cases

  1.  

    Appellate Opinion in K.T. vs Royal Caribbean Cruises, LTD

    This is a landmark decision that will require every cruise line to warn passengers about the risk of rapes and sexual assaults on their vessels.

    LM&W obtains landmark Appellate Court decision in case where teenage girl was raped while aboard Royal Caribbean Cruise ship finds that cruise lines have a duty to warn passengers about
    Read More +
  2.  

    P&O Cruises

    In 1837, the Peninsular & Oriental Steam Navigation Company began offering cruise vacations, then called ‘voyages,’ to passengers from England. The tours would allow guests to travel with the Royal Mails to ports on the Iberian Peninsula and the Mediterranean. Three years later, the company extended its mail delivery reach to the Egyptian port of
    Read More +
  3.  

    Pullmantur Cruises

    Pullmantur Cruises has been offering all-inclusive cruise packages since its start in the late 1990’s. Headquartered in Madrid, Spain, the company was originally a branch of a travel agency by the same name. In 2006, cruise giant Royal Caribbean International purchased Pullmantur Cruises and, ten years later, sold a 51% stake to Springwater Capital, a
    Read More +
  4.  

    Steiner Transocean

    Steiner Transocean first entered the scene in 1901. Back then, the Steiner family was known for its high-quality hair care and apothecary needs. Their reputation grew in the 1930’s as they acquired clientele that included the English upper class. Over the years, their hair care services transformed into a full spa experience.

    It was only a
    Read More +
  5.  

    Ocean Drilling & Exploration Company (ODECO)

    In 1953, Alden J. "Doc" Laborde and John Hayward founded Ocean Drilling & Exploration Company (ODECO). The offshore drilling company is known for their submersible drilling unit, Mr. Charlie. This unit successfully completed drilling projects for 30 consecutive years.

    ODECO was a leader in the offshore drilling industry until 1992, when it was bought out by
    Read More +
  6.  

    Starboard Cruise Services and Port of Miami

    Starboard Cruise Services was founded in 2000, as an extension of LVMH Moët Hennessy Louis Vuitton’s travel retail group. According to their website, the company is committed to, “being the world's largest and leading onboard retailer, offering cruise ship guests world-class brands and exclusive merchandise with tax and duty-free savings.”

    Fewer than 20
    Read More +
  7.  

    Tropical Shipping

    Tropical Shipping made its debut in 1963 with a 129-foot long landing craft named Tropic Ace. Since then, the company has grown to become one of the leaders in shipping to the Bahamas and the Caribbean. Tropical prides itself on being committed to the individuals and businesses in the areas it serves. Throughout its history,
    Read More +
  8.  

    Maersk Lines Limited

    Maersk Lines Limited won its first government contract to convert and operate five military prepositioning ships in 1983. Since then, the company has provided U.S. flag transportation and ship management to both government and commercial customers. Based in Virginia, with offices in both Norfolk and Reston, Maersk Lines Limited has the largest U.S. flag fleet
    Read More +
  9.  

    Island Queen Cruises

    For more than 60 years, Island Queen Cruises has operated out of Bayside Marketplace and the Miamarina in Miami, Florida.  A cruise line that specializes in sightseeing voyages around Miami, Island Queen Cruises caters to vacationers looking to experience the excitement of Miami and Ft. Lauderdale from the water.

    Offering dance cruises, dinner cruises, and group
    Read More +
  10.  

    Crowley Maritime Corporation

    Crowley Maritime Corporation began in 1892, when Thomas Crowley bought a rowboat and went into business, shuttling items between the San Francisco waterfront and the sailing ships anchored in the San Francisco Bay. Slowly but surely, the company added ships and services to better serve their clients.

    More than 100 years later, Crowley Maritime Corporation has
    Read More +
  11.  

    Antillean Marine Shipping Corp.

    In 1963, the three Babun brothers--Jose, Teofilo, and Abraham--launched a Cargo shipping line service on the Miami River. Today, that service has become Antillean Marine Shipping Corporation. The corporation is the largest shipping line operating out of the Miami River.

    Antillean, a family-owned company after more than 50 years, prides itself on offering personalized service to
    Read More +
  12.  

    Silversea Cruises

    Silversea Cruises was founded in 1994 by Antonio Lefebvre. Prior to creating the cruise company, Lefebvre had gained widespread respect as an Italian jurist and maritime law professor. In creating the company, Lefebvre hoped to create a new class of elite cruising. His aim was to create a fleet that gave more space to a
    Read More +
  13.  

    Seabourn Cruise Line

    Seabourn Cruise Line was founded in 1986 by a group of Norwegian investors.  First called Signet Cruise Lines, the investors changed the name to Seabourn Cruises due to objections from Signet Oil that its name violated trademark ownership.  The first Seabourn ship, the Seabourn Pride, entered service in 1988 and was joined by an identical
    Read More +
  14.  

    Radisson Seven Seas

    Radisson Seven Seas is known today as Regent Seven Seas Cruises. The company was purchased by an investment group called Apollo Management in 2008 for $1 billion and the company is headquartered today in Miami, Florida. Apollo Management Group also owns 50 percent of Norwegian Cruise Line, as well as 100 percent of Oceania
    Read More +
  15.  

    MSC Cruises USA

    MSC Cruises USA (MSC) is the largest privately-owned cruise company across the globe. There are offices in 45 countries and more than 16,300 people worldwide are employed by MSC Cruises USA. The global cruise line is Swiss-registered and headquartered in Geneva, but company ships travel everywhere, including South America, the Caribbean and throughout the Mediterranean.

    MSC
    Read More +
  16.  

    Cunard Line

    Cunard Line is a 176-year-old company that is currently owned by Carnival Corporation & PLC. It is considered an Anglo-American cruise line because it is based in Southhampton, England and operated by Carnival UK.  It was acquired by Carnival Corporation in 1998 and in 2012, Cunard Line brought in 8.7 percent of Carnival corporation's
    Read More +
  17.  

    Norwegian Cruise Line

    Norwegian Cruise Line is headquartered in the United States and incorporated in Bermuda. The company first began operating as a car-ferry connecting Southampton, UK and Gibraltar, Spain under the name Norwegian Caribbean Line in 1966.

    In 1979, the company acquired a ship called France, rehabilitated the ship, and renamed it Norway. Norway was the largest existing
    Read More +
  18.  

    Holland America Line

    Holland America Line promises the “experience of a lifetime” and urges passengers to “savor the journey.”  Unfortunately, while promising travelers the opportunity to set sail to exotic destinations from Europe to South America and the Amazon to Alaska, Holland America’s promise has often resulted in both passengers and crew experiences injuries, assaults
    Read More +
  19.  

    Princess Cruises

    Princess Cruise Lines is perhaps best known for its ship called the Pacific Princess, which was the ship that was featured on the television series The Love Boat. However, Princess Cruise Lines is not just a cruise line that was featured on a TV show. It is owned by the world's largest cruise ship operator
    Read More +
  20.  

    Disney Cruise Line

    Disney Cruise Line is a subsidiary of the Walt Disney Company. The cruise line was first founded in 1996 and was initially called the Magical Cruise Company Limited. Disney had first negotiated with both Carnival and Royal Caribbean to no avail before founding its own cruise line company.

    Today, Disney has approximately a 2.8 percent of
    Read More +
  21.  

    Costa Cruises

    Costa Cruises is a British American cruise line that is based in Genoa, Italy and is considered an Italian cruise line. Costa was originally founded in 1854 to operate cargo ships to carry olive oils and textiles to Liguria from Sardinia. However, in 1947, passenger services began to provide regular transport between Italy and America.
    Read More +
  22.  

    Celebrity Cruises

    Celebrity Cruises was founded in 1988 as part of the Chandaris Group, a Greece-based company. In 1997, Celebrity became part of Royal Caribbean International when the Candris family sold their interest in Celebrity Cruises. Celebrity began to rapidly expand its fleet, and today, it is considered a premium cruise line that is known for
    Read More +
  23.  

    Carnival Cruise Line

    Carnival Cruise Line is an American owned cruise company that is headquartered in Doral, Florida, a suburb of Miami. Carnival Cruise Lines was founded in 1972 as an independent company, but it is now part of a massive cruise conglomerate owned by Carnival Corporation & PLC. Carnival is the largest of the cruise brands owned
    Read More +
  24.  

    Crystal Cruises

    Crystal Cruises, which is headquartered in Los Angeles, is considered a luxury cruise line. The American cruise line was first established in 1988 as a wholly-owned subsidiary of Japanese shipping company Nippon Yusen Kaisha (NYK).   In March of 2015, NYK made the announcement that Crystal Cruise Lines would be sold to Genting Hong Kong, which
    Read More +
  25.  

    Royal Caribbean

    Royal Caribbean International Cruise Lines is owned by Royal Caribbean Cruises Ltd. The cruise line operates out of Miami, Florida and controls close to 20 percent of the worldwide cruise market. Known for naming its ships with the phrase “Of the Seas” at the end of each name, Royal Caribbean has close to 30 ships
    Read More +
  26.  

    Companies Sued

    Cruise Lines, Shipping Companies and Other Maritime Defendants Lipcon, Margulies & Winkleman, P.A. Have Successfully Sued


    With a worldwide reputation for excellence and integrity, Lipcon, Margulies & Winkleman, P.A. handles personal injury and wrongful death in a variety of legal matters dealing with admiralty and maritime law, as well as personal injury, wrongful death and many
    Read More +
  27.  

    Our Results

    Our Verdicts, Settlements & Awards



    On the following pages you will find some of the firm’s verdicts, settlements and awards.


    Since 1971, our maritime firm has settled and tried to verdict, literally thousands of cases. But, most settlements include confidentiality provisions which prevent us from revealing the settlement amount. Our firm has recovered well over
  28.  

    Landmark Cases

    Members of the maritime law firm of Lipcon, Margulies & Winkleman, P.A. have successfully presented and argued a number of landmark cases. Most of them are in the area of admiralty and maritime law and deal with claims by passengers or seafarers.


    What is a Landmark Case?


    A landmark case or court decision is one in which
    Read More +
  29.  

    First Class Action in Admiralty Allowed

    Landmark Cases


    HERNANDEZ v. The MOTOR VESSEL SKYWARD 61 F.R.D. 558 (S.D. Fla. 1973)


    PROCEDURAL POSTURE: In an action for breach of contract, negligence, and breach of implied warranty of fitness arising out of a pleasure cruise during which the passengers and the crew were exposed to contaminated food or water, plaintiff passengers filed a motion to certify

    Read More +
  30.  

    Error in Medical Negligence Case to not Allow Interrogatories Regarding Textbooks Regarded as Authoritative by Defendant Physician

    Landmark Cases


    BUGA v.WIENER, M.D. 277 So. 2d 296; (Fla. App. 4th 1973)


    PROCEDURAL POSTURE: Plaintiffs, patient and her husband, sought review of a decision from the Circuit Court, Broward County (Florida), which, based upon a jury verdict, entered judgment in favor of defendant physician on plaintiffs' medical malpractice complaint. Plaintiffs sought damages for defendant's alleged negligence in

    Read More +
  31.  

    Error to Allow Proof of Receipt of Workers Compensation Benefits into Evidence at Trial

    Landmark Cases


    COOK, v. ENEY, M.D., 277 So. 2d 848; (Fla. App. 3rd 1973)


    PROCEDURAL POSTURE: Appellant sought review of a judgment from the trial court (Florida) in favor of appellee medical doctor in a medical malpractice suit.


    OVERVIEW: Appellant brought suit against appellee medical doctor for medical malpractice. A jury entered a verdict for appellee and the trial court

    Read More +
  32.  

    Even Though Seaman Settled Injury Claim Prior to His Death, His Family Could Make a Second Recovery for the Same Accident

    Landmark Cases


    BODDEN v. AMERICANOFFSHORE, INC. 681 F.2d 319; (C.A. 5th 1982)


    PROCEDURAL POSTURE: The husband and father of plaintiff wife and children died as a result of injuries sustained on board defendant ship owners' vessel. Prior to his death, the decedent settled a claim for injuries that he sustained on board defendants' vessel while the vessel was

    Read More +
  33.  

    Seaman Did Not Need an Expert Witness at Trial

    Landmark Cases


    SOLANO v. CARNIVAL CRUISE LINES, INC., 491 So. 2d 325 (Fla. App. 3rd 1986)


    PROCEDURAL POSTURE: Appellant sought review of a decision of the Circuit Court for Dade County (Florida), which directed a verdict in favor of appellees in appellant's Jones Act/unseaworthiness proceeding. The court based its judgment on the finding that, in the absence of

    Read More +
  34.  

    Physician with Staff Privileges had Claim Against Hospital for Tortious Interference, Breach of Contract and Good Faith Claims Where Hospital Interfered with Patient Referrals

    Landmark Cases


    GREENBERG, M.D., v. MOUNT SINAI MEDICAL CENTER OF GREATER MIAMI, INC., 629 So. 2d 252 (Fla. App. 3rd 1993)


    PROCEDURAL POSTURE: Appellant doctors sought review from the Circuit Court for Dade County (Florida), which dismissed their complaint against appellee hospital and department chairman alleging tortious interference with advantageous business relationships, civil conspiracy for tortious interference with

    Read More +
  35.  

    Seaman had Retaliatory Discharge Claim Against Vessel Owner by Reason of Being Fired for Refusing to Lie Under Oath for the Shipping Company

    Landmark Cases


    BAITON v. CARNIVAL CRUISE LINES, INC 61 So. 2d 313 (Fla. App. 3rd 1995)


    PROCEDURAL POSTURE: Appeal from the judgment of Circuit Court of Dade County (Florida), dismissing plaintiff's case for failure to state a cause of action, plaintiff arguing that he established a basis for suing defendant for retaliatory discharge under federal maritime law and

    Read More +
  36.  

    Federal Court Rules Seafarers who Become Sick or Injured While Working on a Ship are Entitled to Lost Tips as Part of Their Sick Wages Under Maintenance and Cure

    Landmark Cases


    FLORES v. CARNIVAL CRUISE LINES, 47 F.3d 1120, (C.A. 11th 1995)


    OVERVIEW: Appellant seaman filed a class action suit under Fed. R. Civ. P. 23, against appellee, cruise ship's owner, seeking compensatory and punitive damages on behalf of all crew members of appellee who became sick or injured and who did not receive their reasonably anticipated
    Read More +
  37.  

    State Medical Malpractice Presuit Procedures Did Not Apply to Claim of Medical Negligence by Passenger Against Doctor and Nurse on Cruise Line Vessel

    Landmark Cases


    RAND vs. HATCH 762 So. 2d 1001 (Fla. App. 3rd 2000)


    PROCEDURAL POSTURE: Petitioners, doctor and nurse, sought certiorari review to the Circuit Court for Miami-Dade County (Florida) of the denial of their motion to dismiss the complaint for medical negligence filed by respondents husband and wife. In denying the motion to dismiss, the trial court

    Read More +
  38.  

    Seafarer Injured in Separate Accident on Land While Getting Maintenance and Cure From the Shipowner or Employer Was Entitled to Received Continued Maintenance and Cure for the Separate Accident

    Landmark Cases


    DUARTE vs. ROYAL CARIBBEAN CRUISES,LTD. 761 So. 2d 367; (Fla. App. 3rd 2000)


    PROCEDURAL POSTURE: Appellant seaman sought review of an adverse decision of the Circuit Court for Dade County (Florida), granting summary judgment in appellee cruise line's favor on a claim for the continuation of maintenance and cure following appellant's injuries sustained in an automobile

    Read More +
  39.  

    Supreme Court rules that seaman can recover punitive damages in admiralty for maintenance and cure situations.

    Landmark Case


    ATLANTIC SOUNDING CO., INC., ET AL. v. TOWNSEND



    CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT



    No. 08–214. Argued March 2, 2009—Decided June 25, 2009
    Atlantic Sounding Co. allegedly refused to pay maintenance and cure torespondent Townsend for injuries he suffered while working on itstugboat, and then filed this declaratory relief action regarding

    Read More +
  40.  

    Casenote on Carlisle v. Carnival – cruise passenger Carlisle was the first or one of the first cruise passengers to have a successful medical malpractice claim against a cruise line.

    View PDF
  41.  

    Cruise Lines Held Liable to Passenger for the Negligence of Ship’s Doctor, Even Though Doctor is an Independent Contractor

    Landmark Cases


    CARLISLE vs. CARNIVAL CORPORATION 2003 Fla. App. LEXIS 12794 (Fla. App. 3rd 2003)


    PROCEDURAL POSTURE: Appellant parents appealed from the entry of summary judgment by the Circuit Court for Miami-Dade County (Florida), in favor of appellee cruise line, in the parents' suit seeking to hold the cruise line vicariously liable for the negligence of a ship's

    Read More +
  42.  

    First Asbestos Trial Against Cruise Line Yields $3.6 Million Awarded to Estate of Shipboard Electrician

    Landmark Cases


    CARAFFA v. CARNIVAL CORPORATION, Case No. 06-00964 CA 42 (11th Judicial Circuit in and for Miami-Dade County, Florida)



    PROCEDURAL POSTURE: Estate of deceased Italian shipboard electrician sued Carnival in Circuit Court in and for Miami-Dade County Florida.  Trial 12/3/14 – 12/16/14 before Judge Jacqueline Hogan Scola.



    OVERVIEW: Our firm brought a lawsuit against Carnival Cruise Line on

    Read More +