Get free answers to your Admiralty / Maritime legal questions from lawyers in your area.
Your current state is Ohio
My court date with them was for 10/17/18, I had the court certify mail to serve them, the court stated the verification card hasn't been returned yet, I called down to L.A. post office, she faxed me a copy of the agents signature, but the judge didn't accept it. Rescheduled the court date.
Do I need a maritime attorney, or just a regular employment attorney?
answered on Oct 12, 2018
I would have liked to give you a “yes” or “no” answer, but the most helpful attorney could be one who is experienced with cruise ship wage matters. And not every maritime attorney handles cruise ship wage claims, even if they handle Jones Act claims for crew members. Cruise ship employment... View More
cest de qui trust was created on my behalf; I would like to be the trustee and beneficiary on this account
answered on Oct 18, 2018
If you additionally posted this question in the Banking and Probate sections, attorneys who are familiar with trust accounts could have a better chance of picking it up.
Tim Akpinar
answered on Oct 14, 2018
It would depend on the circumstances facing the nation. Historically, martial law has been imposed in times of war or disaster. Constitutional scholars would be likely to have a deeper insight into the concept than maritime attorneys because it is closely connected to the suspension of habeas... View More
Vessel was impounded for no insurance. While in their slip, in front of their patrol window my vessel sunk due to their negligence. I was not allowed to maintain my vessel or check on it. I have voicemails, emails, and phone conversation recorded as proof of their fault.
answered on Oct 3, 2018
You will have to file a Tort Claim with the County of Ventura with 6 months of the date of the loss. After that, your claim may be governed by the Jones Act (not sure about that), which requires a specialty attorney. Do a computer search for Jones Act attorneys in Ventura and you will be guided... View More
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answered on Oct 31, 2018
You could try reposting this question and including Municipal Law under your categories. It might have a better chance of being picked up there.
Tim Akpinar
answered on Oct 9, 2018
In general, reputable employers will take steps to arrange for maintenance payments soon after a preliminary investigation is able to verify the facts of an accident/injury. Maintenance is generally paid until the employee reaches maximum medical improvement. Some court decisions use similar terms... View More
answered on Sep 19, 2018
If they slip because of a dangerous condition, you could be held liable under the General Maritime Law. You should be aware that maritime law has recognized the lack of non-skid paint aboard a vessel to be a dangerous condition, since it is forseeable that the walking surfaces will get wet.
answered on Sep 1, 2018
Boating “DUIs” are handled under a legislative framework similar to that for vehicular DUIs on the state's roadways. Operating a vessel in New York under the influence of alcohol or drug is subject to criminal prosecution that can carry prison terms, penalties, and fines. For these... View More
answered on Sep 8, 2018
In order to prevail under maritime law you need to prove negligence. This involves convincing a judge and/or jury that the defendant failed to take action that should have been taken, or by proving that the defendant did not apply proper safety measures. A person is considered liable for all... View More
One way cruise to Hawaii and a return say a week later on another cruise ship?
answered on Sep 9, 2018
As a general matter, I’m not aware of any maritime law provision that prohibits purchasing a one-way passage from one port to another on one vessel and then purchasing another one-way passage on a different vessel for a return trip. That is as a general matter. However, a person’s rights,... View More
answered on Sep 1, 2018
The accident can be treated differently because accidents on ferries that operate on navigable waters are subject to maritime law. While maritime law follows some of the same doctrines and legal concepts that avail themselves in general law, such as negligence and comparative liability, it also... View More
sue the other ship if it was at fault?
answered on Aug 13, 2018
It is possible that legal causes of action could arise against both vessels. Maritime law prescribes to the doctrine of comparative liability. This means that in a collision setting in general (the particular details and circumstances of your vessel's collision are not outlined here), both... View More
answered on Jul 5, 2018
It depends. It doesn't really matter whether the shipowner is a US citizen, what matters is how much contact the boat has with the US or any particular state, in order to determine whether there is jurisdiction.
Are you a passenger or a crewmember?
I owned stock in a oil drilling company think it was ocean rig there was a bunch I would have to call fidelity to be 100% sure. Bought the stock800-900 shares for a buck each when oil tanked. They restructured right as oil bottomed out got out of anyone who had like less than 10000 shares and now... View More
answered on Jul 6, 2018
The court has the power to consider such repayment as you ask, but it is highly unlikely they would exercise it based on the above.
answered on Jul 1, 2018
We need more details here. Are you talking about criminal Court? Civil Court? Another type of case?
Generally, in criminal cases, an attorney has a lot of discretion in how to handle a case and does not need a defendant's consent to take legal actions. An attorney does need to consult... View More
Following Kiobel v Royal Dutch Petroleum (and, perhaps, Jesner v Arab Bank, PLC) do district courts still have original jurisdiction over acts of piracy committed on international waters?
answered on Jun 14, 2018
Probably not, unless said courts are in the same physical jurisdiction where the ship that was victimized is registered. The court of original jurisdiction is where the (non-pirate) ship is registered. For example, many cruse lines register native to the Bahamas; if one of those vessels were... View More
answered on Jun 11, 2018
The general maritime personal injury statute of limitations is 3 years.
46 U.S. Code § 30106 - Time limit on bringing maritime action for personal injury or death. Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort... View More
Also, at what point legally do my verbal warnings become construed as threats that may be used against me in Court, given that the trespassers are standing on my vessel?
answered on Jun 9, 2018
Depending upon additional facts and the particular jurisdiction, probably best to call the local authorities, i.e. Coast Guard, police or sheriff before saying or attempting much other than instructing the individual to leave. Be sure to have a credible witness who can attest to the reasonableness... View More
injured due to the negligence of another contract worker. Is this true?
answered on May 30, 2018
No, as long as you were employed in the service of the vessel your medical bills are covered under the general maritime law doctrine of maintenance and cure.
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