Admiralty / Maritime Q&A by State

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Admiralty / Maritime Questions & Answers
2 Answers | Asked in Contracts and Admiralty / Maritime for California on
Q: So I did some work on a boat and the lady didn't pay the full Bill she gave me a portion and told me that's all I get

I have pictures witnesses of the whole ordeal

Tim Akpinar
Tim Akpinar answered on Sep 13, 2021

Vessel repairs could create the basis for a maritime lien. You could reach out to a California attorney to review the matter to determine what the best course of action would be. In some cases, such matters are handled as contract actions under state law. An attorney who reviewed the file should be... Read more »

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1 Answer | Asked in Employment Law and Admiralty / Maritime for Mississippi on
Q: My question relates to maritime law, LHWCA; 33 U.S.C 928

My debate relates to what does the term “employer

and carrier” means in this context?

Tim Akpinar
Tim Akpinar answered on Aug 29, 2021

Under the statute, the terms are defined as follows...

"The term "employer" means an employer any of whose employees are employed in maritime employment, in whole or in part, upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock,...
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2 Answers | Asked in Admiralty / Maritime and Landlord - Tenant for California on
Q: Can a marina owner move someones boat to another slip without boat owners permission?

And what are the reprecussions of doing it?

Tom Evans
Tom Evans answered on Aug 21, 2021

This very likely does not involve admiralty or maritime law. Most likely any legal

issue would be a contract question subject to your State law. I recommend you

call a lawyer locally, provide or describe the contract, if any, and look for local lawyers who offer a free initial...
Read more »

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2 Answers | Asked in Child Custody, Admiralty / Maritime, Juvenile Law and Municipal Law for Oregon on
Q: Is it legal to dissipate ones assets and terminate ones parental rights and operate during the COVID 19 state shut down?

Is it legal or even right to dissipate a biological parent (the mothers) ; her assets; My funds, my right to be a human-do things like vote, make medical decisions, or be an ABLE body of my own? While under terms of the state shut down,from being a created parent which of whom was not approved of... Read more »

Tom Evans
Tom Evans answered on Aug 8, 2021

Sorry, but your question should be directed to a fanily law or domestic relations attorney.

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2 Answers | Asked in Bankruptcy, Consumer Law, Divorce and Admiralty / Maritime on
Q: Please v bass do

Free fire ma v bach do

Tim Akpinar
Tim Akpinar answered on Jul 12, 2021

Something may have gotten left off your post in uploading. You could try reposting the question. Good luck

Tim Akpinar

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2 Answers | Asked in Products Liability and Admiralty / Maritime for Florida on
Q: We are sending material discovered located in our diesel tank for testing. believe an employee put a product in the tank

Our boat was in the yard for repair. We believe a product was placed in the tank to cause harm to us and the boat.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 9, 2021

And what is your question?

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2 Answers | Asked in Criminal Law, Admiralty / Maritime, Civil Rights and Environmental for Maryland on
Q: What about my 4th and 5th amendment when the DNR and Coast guard stop you and perform a unwanted search of your vessel
Tim Akpinar
Tim Akpinar answered on Jul 5, 2021

The standard on the water is a different one than applied on the nation's roadways with motor vehicles in terms of constitutional law elements. The U.S. Coast Guard has broad powers to board vessels. Good luck

Tim Akpinar

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1 Answer | Asked in Criminal Law and Admiralty / Maritime for Arizona on
Q: Do I need a lawyer to represent me for a class two misdemeanor boating violation in Arizona?

I had no idea it was a criminal offense to let the kids sit on the transom on the back of the boat. This is crazy. Suggestions?

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

In terms of suggestions, one option as a starting point is to reach out to a criminal defense attorney in Arizona for an initial consult to discuss the most sensible and cost-effective options, based on the violation. You're correct to include Admiralty - Maritime. But given that you are in... Read more »

Q: Is it illegal to make, possess, and/or sale Paracord crafts such as the monkeys fist.

I've been told something about it is caterized with "Slung-shot devices"

Tim Akpinar
Tim Akpinar answered on May 22, 2021

A Missouri attorney could answer best, but your question remains open for two weeks. Monkey's fists are illegal in some states, and only a Missouri criminal attorney would be in a position to advise on the law in Missouri. You are correct in what you describe - although the knot was commonly... Read more »

1 Answer | Asked in Admiralty / Maritime and Adoption for Indiana on
Q: Can I get a case reopened when it did go in front of a judge and my rights was took and my children was adopted out

And I lost my rights when I was in jail and now I got a job and better myself my rights got took in 2020 and I been out of trouble and clean for a year so is there a way I can get them back

Tim Akpinar
Tim Akpinar answered on May 19, 2021

Your question remains open for two weeks, probably because the Admiralty/Maritime heading you included got in the way of the main issue, which is adoption. Try reposting again, and only choose Adoption and Family Law as categories. If you still don't receive a response, you could reach out to... Read more »

1 Answer | Asked in Tax Law and Admiralty / Maritime for Washington on
Q: What is the proper way to go about transferring a stimulus relief payment that was issued to the wrong person?

My client is a fisherman and owner of a boat/company. He went on a temporary medical leave and transferred the name on his business permit to a long term employee. The employee subsequently filed an application for the seafood trade relief program. He obtained a near $18,000 check from the USDA,... Read more »

Tim Akpinar
Tim Akpinar answered on May 14, 2021

I'm sorry your question remains open for three weeks. At this point, you could reach out to tax attorneys in Washington State. There's a link above (Find-a-Lawyer), or you could search online on your own. Maritime attorneys aren't likely to know about the issues you raise - a tax... Read more »

3 Answers | Asked in Admiralty / Maritime for Florida on
Q: Federal case regarding Jones Act

This is for a federal Jones Act case. The plaintiff ....

THe dismissal was 'dismissed without prejudice for lack of prosecution'. It didn't show up in the details

Editing this for more details... of course yes she has tried reaching out to other counsel but running... Read more »

Raul G. Delgado II
Raul G. Delgado II answered on May 5, 2021

Under these circumstances, it sounds like she may have a good argument to get the dismissal vacated if the basis behind the dismissal is because of former counsel's inattention and not the individual personally. There is no black and white answer because it seems as if there are a lot of... Read more »

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1 Answer | Asked in Admiralty / Maritime, Business Law, Civil Rights and Collections for Florida on
Q: Can I chain a customers boat to the dock for non payment?

I own a commercial diving business that does underwater hull cleaning and yacht maintenance. I had a customer bring his boat to the marina where I am currently staying on my own boat. After I took care of his boat he didn't show up to pay me or get his boat at the time we agreed. Rather than... Read more »

Tim Akpinar
Tim Akpinar answered on May 3, 2021

Only a Florida attorney could advise you on your specific question. But you posted under Admiralty/Maritime Law, and under U.S. maritime law, a remedy that is sometimes applied in settings where vessel interests owe money is a maritime lien. This comes up in ship mortgages, vessel collisions, crew... Read more »

2 Answers | Asked in Criminal Law and Admiralty / Maritime for Florida on
Q: please see below

I own 51% of a marine contracting company. The company owns several tug boats and other pieces of marine equipment.

Can I gift one of the tug boats to another company which I own 100% of. Once the transaction is complete, can I then lease the tugboat back to the original company which... Read more »

Henry George Ferro
Henry George Ferro answered on Apr 21, 2021

You may do what you propose...but the proviso is that there are likely tax consequences to your proposal...You should be communicating with a tax specialist and/or accountant...

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2 Answers | Asked in Admiralty / Maritime, Legal Malpractice, Medical Malpractice and Personal Injury for Florida on
Q: My injury case was settled but I never got my money part (maritime). I want to make a new case for Malpractice.

My injury case was onboard a cruise line ship and this case is on Brevard County Court.

For the new case I want to have for Malpractice occurred in Lantana, Lake Worth.

Tim Akpinar
Tim Akpinar answered on Apr 20, 2021

There isn't enough information to form any judgment on what happened here in terms of the handling of the case. But as a GENERAL matter in maritime and other types of injury cases, there are factors that could sometimes delay payment to a plaintiff. Some of these are not within the control of... Read more »

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1 Answer | Asked in Contracts and Admiralty / Maritime on
Q: Is the judicial system in the US and Canada PRIVATE OR PUBLIC?
Tim Akpinar
Tim Akpinar answered on Apr 6, 2021

As a general premise, judicial systems are public. In the U.S., court systems are operated by the government on the federal, state, and local levels. In the U.S., Article III of the Constitution establishes federal courts ("The judicial Power of the United States, shall be vested in one... Read more »

6 Answers | Asked in Bankruptcy, Immigration Law, Admiralty / Maritime and Health Care Law for Virginia on
Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Apr 1, 2021

The answer should be yes, but unfortunately, there is a chance that an attorney that passed the bar isn't well versed in client confidentiality.

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1 Answer | Asked in Admiralty / Maritime, Libel & Slander, Civil Litigation and Elder Law for Indiana on
Q: If you fill out a personal check wrong is it a crime? Can someone turn it around and make it a crime?
Tim Akpinar
Tim Akpinar answered on Mar 10, 2021

If someone made innocent errors in filling out a check, it would not generally be considered crime. If the errors were material and they were deliberately made with the intent to deceive the payee or to deceive the financial institution, those could amount to crimes, depending on applicable... Read more »

1 Answer | Asked in Admiralty / Maritime, Business Formation and Business Law for Maryland on
Q: Are there any license requirements to become a ship chandler?
Tim Akpinar
Tim Akpinar answered on Mar 10, 2021

Ship chandler is a term that's used more loosely than traditional seagoing slots for which licensing credentialing is clear, such as second engineer for first officer. If the employer has any kind of requirement to maintain merchant marine credentialing, information on seagoing credentialing... Read more »

3 Answers | Asked in Bankruptcy, Contracts, Admiralty / Maritime and Business Law for California on
Q: What option do we have to avoid bankruptcy as freight forwarder hit by per-diem charges for container storage?

We are a freight forwarder and at the brink of filing for bankruptcy. Our client, the shipper, ran out of warehouse space to accept shipments and instead had the trucking company hold the containers for over three months. The shipping company charges detention or per-diem fees for the containers... Read more »

Leon Bayer
Leon Bayer answered on Feb 23, 2021

You should immediately consult an attorney to review all the contracts and any other paperwork. Without seeing the contracts, there is no way to answer your question.

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