recent decision

Cruise ship sailing the waters.

Cruise Ships Responsible for Warning and Protecting Their Passengers: K.T. v. Royal Caribbean Cruises, LTD.

Avery Burns*

Photo Credit: httpscruisefever.netroyal-caribbean-cruise-ship-receiving-new-features

In K.T. v. Royal Caribbean Cruises, LTD., the Eleventh Circuit Court of Appeals reversed the decision of the district court and held that the plaintiff, K.T., stated plausible negligence claims against the cruise ship. First, the crew members’ alleged failure to prevent K.T.’s rape and sexual assault constituted a plausible negligence claim. This negligence included allowing adult male passengers to purchase alcoholic beverages for K.T. Second, Royal Caribbean’s failure to warn K.T. and other passengers about the possibility of sexual assault on the cruise ship constituted a plausible negligence claim.

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Praying hands resting on a book.

Williamson v. Brevard County

William Burkett*

In Williamson v. Brevard County, the Eleventh Circuit held that the commissioners of Brevard County unconstitutionally exercised their unfettered discretion to select opening invocation speakers based on religion. In addition, the court clarified requirements for cities that wish to open city council meetings or legislative sessions with sectarian prayer.

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HOW I STOPPED WORRYING AND LEARNED TO LOVE THE DORMANT COMMERCE CLAUSE

Robert J. Sewell

Photo Credit: https://verdict.justia.com/2015/05/20/is-the-dormant-commerce-clause-a-judicial-fraud

During its recent term, the Supreme Court decided Tennessee Wine & Spirit Retailers Ass’n v. Thomas, a case pitting the Commerce Clause, or rather the Dormant Commerce Clause Doctrine (“DCCD”), against Section 2 of the Twenty-first Amendment.  In a 7-2 decision, the Court held that the DCCD’s prohibition of state-level protectionist legislation trumped the Twenty-first Amendment’s grant of seemingly plenary authority over alcohol sales.  The Court’s opinion indicates, much to the chagrin of law students and bar examinees, that the DCCD remains an enduring part of the United States Constitution’s structure.

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