The little girl with the Shirley Temple curls clung to her father, too frightened to cry.She and her parents were aboard the cruise ship Costa Concordia, which began listing badly and taking on water shortly after scraping along a rocky reef off Italy’s Tuscan coast and gouging a bus-size hole in the port side just below the water line.A year and half later, the silent child still makes a lasting impression on Georgia and Dean Ananias, a Downey, Calif., couple aboard the ship when it capsized on the night of Jan. 13, 2012. They were traveling with their adult daughters, Valerie and Cindy.After trying to escape the ship for nearly five hours, the Ananiases believed they had only minutes left to live. They said their goodbyes and steeled themselves for the inevitable. “We knew we were going to die,” says Georgia.The Ananias family describes being indelibly scarred by the thought of impending death and the screams of horror all around them. They are also haunted by the … [Read more...] about For vacationers encountering trouble on cruise ships, U.S. laws may provide little help
On March 4, 2010, Hiram Jimenez was enjoying a meal with his brother at an Applebee's Neighborhood Grill & Bar in Westhampton, New Jersey. Hiram ordered the fajitas from the "Sizzling Entrees" menu. When the waitress delivered Hiram his meal, she placed the skillet right in front of him and told him to "enjoy [his] meal." Hiram described the skillet as "real dark" and "real hot." Hiram proposed to his brother that they say a prayer before eating and bowed his head over his meal. It is then that he heard "a loud, sizzling noise" followed by "a pop noise," and then he felt burning in his left eye and on his face. Hiram panicked and managed to knock the skillet of food into his lap. He immediately used his arms to push the food off his lap, at which point he pulled something in his right arm and banged his elbow. Hiram filed an incident report with Applebee's and sought treatment. He was left with no scars from the burns.Nonetheless, Hiram brought suit alleging that he was injured by … [Read more...] about Danger Zone: A Property Owner’s Duty of Safety to Customers
This article continues a monthly series outlining updates in state tax credits and incentives; included here are legislative, gubernatorial and case law updates. While tax credits and incentives have their fair share of critics, they are a reality in today's competitive business environment in which states compete with each other for jobs and investment. Regardless of the criticisms, state tax credits and incentives benefit many kinds of entities in a number of different ways. Tip of the Month: Given the dire economic situation in many states, we are seeing more states suspend or eliminate certain incentive programs. Some states are implementing caps or restrictions on incentive programs. Taking such actions to mitigate financial stress, however, could lead to conflict and litigation. For example, some states with better fiscal health are leveraging their incentive programs against those states that are capping or eliminating incentive programs in order to entice … [Read more...] about June 2015 Credits and Incentives Update
Before the new rule went into effect, objects at least 100 years old that are either made of African elephant ivory or included ivory components were exempt from the general Endangered Species Act (ESA) and Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) ivory prohibition. This changed dramatically under the original version of the rule that was issued in February, which (i) wholly eliminated the antique exception for commercial transactions (i.e., sales), and (ii) retained the antique exception for non-commercial transactions only if the object has not been sold after Feb. 26, 1976. Recognizing that the “non-commercial movement of musical instruments and certain other CITES pre-Convention” objects are not “contributing to the poaching crisis or to illegal trade,” the service amended its earlier order.As modified in May, the rule now allows qualified antiques to be imported for non-commercial purposes (loans, traveling … [Read more...] about Qualifying for the Antique Exception to the Ivory Ban
Conflicting decisions of two co-ordinate benches of the High Court of Kerala creates doubts regarding the proper application of the Arms Act, 1959 (the Act), in Kerala. First one is that held in Azzi vs State of Kerala [2013(4) KLT 439] and the other one is in Jinu vs State of Kerala [2017 (4) KLJ 787]. Both by single benches. In the former one, the court held as follows: “I am of the opinion that though the accused has not inflicted injuries with arm on any person, the act of threatening or intimidating or alarming another person by showing any arm or brandishing a knife or sword or any arm of such description and design with an intend to cause fear of death in the mind of another person or alarming him would come under the expression ‘use’ of arm, constituting the offence under Section 5(1) r/w. Section 27 of the Arms Act. Arms, particularly, in the description or design of knife or sword may have several usages. But, when the accused threatened and caused fear of … [Read more...] about Using Sword, Sans Notification, No Offence?