BloomLegal’s entry into representing cruise line injury victims brings with it all sorts of interesting tidbits of information, such as:

1.  Cruise Ships aren’t Made in U.S.A.  While it may sound down-right unpatriotic that most of the cruise ships fly the flags of foreign countries, not the Stars and Stripes, it’s partially due to American law and the U.S. marketplace that this occurs.  For almost a century, federal laws have existed to protect U.S. cruise-ship builders by requiring that cruise ships sailing entirely between U.S. ports — with no stops in any foreign port — must be built in the United States, and both owned and operated by Americans.  (The laws are the Jones Act of 1920 and the Passenger Vessel Services Act of 1886.) 

Today’s reality is that no big cruise ship has been built in America since Eisenhower was president, and no large cruise ships built in the U.S. are even on the seas today.  Cruise ships simply aren’t built in the U.S., and under these existing federal laws, they’ve got to have at least one foreign port stop if they are otherwise sailing between U.S. ports of call.  

What does this mean to you?  Foreign law — not U.S. law — may well impact any incident or injury that occurs during your cruise vacation. 

2.  What You Pay Depends Upon When You Buy.  The best cruise vacation deals can be found either as “early bird” specials (5-6 months in advance) or as last minute bookings (within 2 weeks of departure).  You can save 50-75% this way. 

It’s entirely legal for the same cruise package to cost vastly different sums for passengers on the same ship, in neighboring cabins. 

3.   “All-Inclusive” Isn’t.  Even the most “all-inclusive” package deal doesn’t cover everything.  You need to budget extra cash for (1) shore excursions; (2) tips; (3) dining at onboard specialty restaurants and the like. 

Ask your travel agent for details before you buy your “inclusive” package to give you specifics on what that “inclusive” package doesn’t cover.  The travel agent isn’t legally required to give you this detailed information as part of the sale, you have to ask for it. 

4.    Seasickness Happens.  The big cruise ships have stabilizers that keep lots of folk from feeling seasick.  Prevention is worth a pound of cure, though, and it’s best to see your doctor and get a prescription before you embark. 

Legally, a visit to your physician shortly before your cruise gives you current medical information which can be invaluable should something unfortunately arise at sea. 

5. Theft happens during cruises.  Pickpockets are notorious for targeting cruise ship tourists, so men should remember not to carry their wallets in their pockets, and women should not take handbags on shore excursions.  Pack a under-the-shirt type of carrier that is light and either hangs around your neck or ties around your waist.   Onboard, store your valuables in the ship’s safe (do you really need to bring the fancy jewelry or the Rolex watch?) and don’t leave your passport, identification, and credit cards in the room, either.  Carry them with you, or put them in the safe, too.  Finally, always keep your room’s door locked – when you’re in it as well as when you’re away.  Use all the locks, too. 

Prudent isn’t paranoid on a cruise ship.   Once you are out to sea, you are vulnerable to the level of security and protection that the cruise line decides to provide.  There is no independent police force to call for help.  Legally, you have much less protection as a victim of crime on a cruise ship than on most any other choice of vacation. 

Peterson’s lawyer is also setting up the defense.  He’s telling the media that this third warrant overlaps with the first search warrant but expands its language to allow for seizure as well as search.  Brodsky’s already arguing that anything taken will be an illegal seizure, because the authorities can’t attempt to correct their errors like this.

And why are the police going to this level of detail, going back for the third time?  Because they haven’t found a body.

Do they need a body to charge Drew Peterson with Stacy’s murder?  After all, Lacy Peterson’s body was discovered and identified through DNA testing (along with Connor) before Scott Peterson was charged. 

The short answer is “no.”  Murder convictions have been obtained without a body; however, they’ve been supported with an extremely high amount of circumstantial evidence.  Many times, that circumstantial evidence includes some type of confession (e.g., the defendant has admitted to the killing to a girlfriend or a cellmate) or a large amount of physical evidence suggesting serious bodily harm to a missing victim (e.g., blood spatter supported by DNA testing, etc.).

It’s a strong defense to argue that without a body, there is reasonable doubt that the person is dead.  People do leave their lives without explanation – voluntarily or not.  Think of the Runaway Bride.  Think of Elizabeth Smart.

It’s a very difficult case — to successfully prosecute a murder case without a body.  Going back with a third search warrant suggests that the authorities are considering doing just that – if they can gather enough circumstantial evidence to feel comfortable going forward at this point.

And, of course, they do have the body of Drew Peterson’s third wife, Kathleen Savio.  Evidence that she met with foul play could be strong circumstantial evidence of Stacy Peterson’s murder.

However, Savio’s body demonstrates the flip side of the “do you need a body in a murder case” question.  Savio’s body may be physical evidence of a homicide; however, there does not appear to be any direct evidence connecting Drew Peterson to that crime.  An intruder could have hurt her, a boyfriend or relative could have left her in that bathtub.

Savio’s situation tells us that even with a body, you still may not have enough evidence for a murder conviction.  Kathleen’s only justice (assuming Drew Peterson is guilty of both crimes) may be providing key evidence to convict Peterson in Stacy’s murder trial.

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Shia LaBeouf refused, so the guard held him and called police.  The Chicago police arrested LaBeouf for criminal trespass. LaBeouf posted bond and was back out on the streets by 7.  Interestingly, he was not booked on any charges related to being intoxicated ….

What’s criminal trespass?  And what’s with this guard detaining someone?  Was that illegal?

Each state may define “criminal trespass” a little differently, but overall the crime involves entering, or staying, on another person’s property without their permission.  This is why lots of people put up those “no trespassing” signs on their property – they’re denying permission for anyone to enter, clearly, and in advance. 

There are defenses to criminal trespass — if the property’s open to the public, then it’s not trespass, for example.  However, if you fail to leave a store after you’ve been requested to do so, then you’re back into the criminal boundaries. 

Sounds like LeBeouf may have thought he could stay in the store since it’s a public area, but didn’t know that once asked to leave, he’d be subject to arrest.   It also sounds like he wasn’t drunk, because there wasn’t any arrest related to intoxication.   Maybe if LeBeouf hadn’t had a stand-off with the security guard, we’d never have heard of this incident. 

As for the security guard, he was apparently within his rights.  False imprisonment is holding someone without legal justification, but here LeBeouf was being held until the police could arrive by a guard whose duties include keeping the peace and preventing crime.  If a private citizen had tried to detain LeBeouf, then false imprisonment might come into play. 

Bottom line: leave the store when the guard asks you to do so.�

Upon returning to Washington State, she reported this incident to local and state authorities, who refused the case because of geography (a lack of jurisdiction). Now, apparently, a federal grand jury is investigating criminal charges against David Copperfield based upon a FBI argument that there is federal jurisdiction.

But is David Copperfield immune from any American charges?  Maybe.

The FBI’s argument is purportedly based upon the model leaving the USA at Mr. Copperfield’s invitation, and then returning to the USA thereafter. However, if any alleged wrongdoing did not occur on American soil, then what may or may not have occurred on Copperfield Island may be a “crime” only if the law of the land declares it to be so.  Gambling isn’t illegal in Monaco or Vegas, for example, because the law says otherwise.

What law applies to Mr. Copperfield’s island estate? Bahamian law.

The law of the Bahamas defines what “sexual assault” or “rape” is within its borders, and what evidence is needed to prove that it occurred.  Maybe it’s the same as in the United States, maybe it’s not. Has any complaint been filed with this authority? No.

According to the alleged victim, she did not make a report to the local authorities, nor did she have a rape kit test taken there.

Not only is there a choice of law question here, but there’s a real proof issue: evidence should be collected within 72 hours of an attack, or a sexual assault examination (“rape kit”) is of little value: the evidence is gone.

Why are we still not hearing about this woman pressing charges with the Bahamian authorities? �

Makes HackthePhone’s news that Hack has successfully used a Cingular SIM in an IPhone less of a wow, somehow.  What’s free service with this big hacking problem?

Curious, though, how the news that the IPhone could be hacked at any WiFi spot came on the heels of how to circumvent the standard IPhone contract …..

Meanwhile, back at the ranch, Castleberry Food Company recalled every single product produced in its Georgia plant over the past 2 years because of a botulism scare.  Lots of canned chili and beef stew, and yes:  more pet food products. Check out the full product list here – it includes such faves as Austex’s Beef Stew and Natural Balance canned food for dogs. 

Scariest part of this whole thing?  Castleberry is advising that you remove these products from your homes by putting them inside TWO plastic bags.  Double bagging sounds pretty serious, huh? 

If you’ve been harmed by the Castleberry chili or beef stew, or by the IPhone hackability somehow, what to do?  Keep all your evidence – don’t throw anything out.  The receipt, the product, all the documentation that goes with the incident (including emails and notes of phone calls) – all this stuff is important. 

Then, call a lawyer.  You may have a “products liability” case, which can make not only the manufacturer (Castleberry, Apple), but also the distributor (there’s always a middleman) and the ultimate seller (i.e., the store where you got the product) liable for the damages that you have sustained. 

Since both of these instances involve massive product sales, expect class actions to form – these are where victims group together in one big lawsuit to make things more efficient. 

Oh, yes:  this has been a very big day for plaintiff’s personal injury lawyers across the country.  Big.  Very big.  You don’t need ESP to imagine all those lawsuits that will be filed ….. �

And, you’ve probably chuckled at last week’s photos of Paris Hilton carrying a Bible and the book The Power of Now.  

Paris is already going to jail.  

From reports that Lindsay’s lawyer escorted her back to rehab admist rumors circulating that a “usuable amount” of cocaine had been found in Lindsay Lohan’s car as well as gossip that she’d been drinking over the holiday – well, it’s a big hint to criminal defense attorneys that Lindsay‘s attorneys are concerned about the possibility of jail time.  Lindsay‘s arrest on Saturday was for suspicion of driving under the influence,  what happens on the cocaine discovery is an open question right now. 

What does this mean to you?  Who’s in the worst position right now – Paris or Lindsay?

Short term, I’d say Paris Hilton.   She’s definitely going to jail – and soon.  Jail time is jail time: to stand inside a cell when those doors close is a Major Life Event.  For someone like Paris Hilton, well — it will be interesting to see if she is changed by the experience.

Long term, I say Lindsay Lohan.  Sure, she’s tucked away in rehab right now for 30 days.  However, additional charges can still be brought against her: first, it was a crime to leave the scene of an accident, although her defense is she had to leave to get emergency medical treatment.  Second, the cocaine possession issue hinges on the amount that was found.  If it’s found to be a “sellable” amount, it’s more serious than a smaller “usable” amount.  Third, her Blood Alcohol Content will be found in the medical records.  If opiates as well as illegal alcohol limits are shown, she could face more charges.

However, Lindsay Lohan has no prior convictions; she has voluntarily entered rehab; and no one got hurt in the accident – expect for the pole and some landscaping, maybe.   Even if additional charges are filed, Lindsay will probably not face jail time on this event. 

Her biggest long term harm is probably to her career.  Her insurability as a reliable actress has been ruined, and she will have to prove herself in the future in order to get that back.

Bottom line:  Paris will have to spend time in jail.  That’s horrible for anyone.  But Lindsay’s career has blown up – and that’s a tremendous loss. 

What does this mean to you?  You don’t have to have repeat DUIs or severe car accidents to have a big, bad impact on your life.  A single DUI or DWI conviction can not only impact your pocketbook (rates skyrocket), but it can impact your job, your relationships, and your future for a long, long time.�