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Old 26-07-2014, 04:19   #211
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Re: Rebel Heart Lawsuit

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I wonder what Sir Frances Chichester, Hal Roth,Sir Robin Knox Johnson, Sterling Hayden, or Joshua Slocum would say about say about all this?
"To young men contemplating a voyage I would say go" - Joshua Slocum

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Old 26-07-2014, 05:08   #212
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Re: Rebel Heart Lawsuit

I have just been reading the latest on capt sponge Eric Twitter and blog where some one has emailed him to say they have had the same thing SIM card cancelled or stopped but sat provider assured this person that they had not cut off or cancel sim , she said her hubby was a 1000 miles away so I take it she may of been trying to contact him , so do sat phones suffer from black spots where the signal does not work .

I bet he has advised this person to contact his lawyer ?

Any way erica you keep on twitting and blogging to your fans if you find time to come and chat to us sailors and arm chair critics you know you are welcome you where a part of this wonderful community where always looking for wise men/ women but with your celebrity status and fancy for the World Cup refs it may be awhile before we here from you on here or could get another sat phone sim and email us
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Old 26-07-2014, 06:00   #213
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Re: Rebel Heart Lawsuit

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I wonder what Sir Frances Chichester, Hal Roth,Sir Robin Knox Johnson, Sterling Hayden, or Joshua Slocum would say about say about all this?

Good question!

Most of the armchairs blokes and a reasonable percentage of the true world sailors of today would have looked down on their plans, told them not to go and generally derided them with BS advice.

They themselves, all who you mentioned, would look down on 99% of the participants of this forum and consider them to be wimps, pussies, cry babies, mamma boys, too wealthy for their own good, frivolous litigants and sub standard seamen.

I am probably part of that 99% but I really hope not.....
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Old 26-07-2014, 06:07   #214
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Re: Rebel Heart Lawsuit

You know... I think a few of those original yacht sailors (especially Bernard....became pretty savvy with the media to achieve their desired sponsorship
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Old 26-07-2014, 06:33   #215
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Re: Rebel Heart Lawsuit

Did you just try to compare Eric to Bernard Moitessier?
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Old 26-07-2014, 06:42   #216
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Re: Rebel Heart Lawsuit

No...it is a comment on the invasive and seductive process of media attention.

If you have experienced it... You will understand the slippery slope of managing a public profile.
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Old 26-07-2014, 12:34   #217
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Re: Rebel Heart Lawsuit

The problem with a public profile in national media is that you never have the last word.
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Old 26-07-2014, 12:50   #218
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Re: Rebel Heart Lawsuit

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The problem with a public profile in national media is that you never have the last word.
if the RH sat-phone contract dispute can get other sat-phone users to join then it becomes a "class-action lawsuit". class-action lawsuits have a better chance of winning as i recently heard was reason Remington settled their model 700 case .their initial non-disclosed settlements were becoming many with each precedent set. cheers
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Old 20-12-2014, 11:24   #219
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Re: Rebel Heart Lawsuit

Lawsuit filed by rescued family dismissed | UTSanDiego.com
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Old 20-12-2014, 11:36   #220
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Re: Rebel Heart Lawsuit

Suit filed by San Diego couple rescued at sea dismissed

By Dana Littlefield5:49 p.m.Dec. 19, 2014

SAN DIEGO — A judge has dismissed a lawsuit filed by a San Diego couple who blamed a nonfunctioning satellite phone for the loss of their sailboat during a highly-publicized rescue off the coast of Mexico earlier this year.

Charlotte and Eric Kaufman contended in their lawsuit, filed in July, that they would not have lost their boat if they hadn’t lost satellite service. In April, the couple were two weeks into the first part of a planned trip around the world when their younger daughter became sick. The sailboat was damaged during bad weather, and they called the U.S. Coast Guard, but their satellite phone stopped working a short time later.

Unwilling to gamble with their daughter’s health, they then activated an emergency device on the vessel, prompting a response from California Air National Guard members who parachuted to the family and stayed with them until a Navy ship carried them back to shore.

Their boat was left at sea and sank.

The ruling, issued Wednesday by San Diego Superior Court Judge Judith Hayes, cited a provision in the contract signed by Eric Kaufman with the satellite phone company, Whenever Communications. The provision required the holder of the contract to file any lawsuits against the company in Florida, where its headquarters are located.
Matthew Herron, an attorney who represents Whenever Communications, said the company had been in the process of switching SIM card providers for months, and that it was a different company that shut off the service to the Kaufmans' phone.

Attorney Dan Gilleon, who represents the family, said Friday that the Kaufmans would file their lawsuit in Florida.



**********************************************



Now wait a second what ever you think of this case, if the attorney they hired wasn't smart enough to figure out the legal jurisdiction for this case, then they should fire his incompetent ass and sue him for malpractice! The fact that the signed contract was upheld by the judge, well that means the lawsuit is doomed to fail anyway because it says right in the contract that you can't sue the Company or the queen of England if their product doesn't work.

I still hope for the best for Eric and his family, but the lawsuit road with a payday at the other end to buy a new boat seems to have about the same chances as playing the Powerball Lottery.
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Old 20-12-2014, 11:37   #221
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Re: Rebel Heart Lawsuit

They better get an Admiralty lawyer. Before the re-file in Florida. As this is clearly a claim of breach of contract, a maritime contract. It will get booted in state court again.

As all claims sounding in Maritime, are preempted by Federal laws.

Lloyd

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Old 20-12-2014, 12:21   #222
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Re: Rebel Heart Lawsuit

It is hard to know what it meant by saying “the phone stopped working”. If the phone did not work at all who to blame? But if the phone did register with Iridium then He would have been able to ring 911 sim or no sim, as tested.
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Old 20-12-2014, 12:36   #223
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Re: Rebel Heart Lawsuit

I doubt the lawyer was unaware of the jurisdiction provisions in the contract - and if he was I'm sure counsel for the Defendant pointed that provision out well before the dismissal. There probably was a strategic reason for trying (even with a slim chance) to avoid Florida. Said another way, they probably chose their initial Jurisdiction for a good reason. Score one for the Defendant. One never knows how these claims end up but the "but for" test certainly doesn't help the Kaufmans. Neither does the concept of contributory negligence. I sure hope they know how under the microscope they will be both in pre-trial examinations and at trial.
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Old 20-12-2014, 12:50   #224
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Re: Rebel Heart Lawsuit

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It is hard to know what it meant by saying “the phone stopped working”. If the phone did not work at all who to blame? But if the phone did register with Iridium then He would have been able to ring 911 sim or no sim, as tested.
Chala,

Supposing there was no problem with the Kaufman's phone service, what do you think would have happened if they called 911 from 400 mi offshore? I'm wondering if the emergency service would notify the Coast Guard for them? or arrange for a medic that far out?

Ann
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Old 20-12-2014, 13:03   #225
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Re: Rebel Heart Lawsuit

Not to answer for Chala, but I think the Kaufman's point was they'd have been able to contact medical professionals and administer treatment or medications based on what they brought with them. However, given their blog posts, their circumstances, their frame of mind, it's hard (without knowing something pivotal) to accept that 100% (or even a significant percentage) of their loss lies with the satellite provider. Again, one never knows how these things end up and what siginificant facts have not been made public. There will likely be some expert evidence regarding what is considered prudent/reasonable seamanship both in the pre-departure time frame and seamanship/decision making during the trip. It's going to be somewhat ugly.....If there is no settlement the trial will be fascinating. Maybe a Hollywood contract is the ultimate goal?
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