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Admiralty / Maritime Questions & Answers
1 Answer | Asked in Estate Planning, Admiralty / Maritime and Family Law for Ohio on
Q: I need help with my birth certificate and certificate of live birth

I heard that a "certificate of live birth" is different than a "birth certificate". From my understanding you get your "bc" from your "colb". So they are different. Do I need a lawyer to retrieve mines? Thanks for any help

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 17, 2017

A Certificate of Live Birth is just the 'full' name of what most people call a 'birth certificate, and many states have slightly different names for the same document.

The state where you were born has the record, and you can get a copy from that state's bureau of vital...
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1 Answer | Asked in Admiralty / Maritime for New York on
Q: How does a seaman sue his employer for the unseaworthiness of the vessel?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Oct 13, 2017

Typically, a complaint must be filed in federal court under the general maritime law. More information, on the Jones Act and the General Maritime Law Doctrine of unseaworthiness can be found at

https://www.newyorktriallawyers.org/accidents-at-sea/

1 Answer | Asked in Admiralty / Maritime and Criminal Law for Hawaii on
Q: If a boat is legally anchored and hotel employees demand you leave and then force a boarding can you shoot them?

In Hawaii, coastal ocean waters and beaches are owned by the state. If a boat is legally anchored in a state owned harbor off the coast of a popular beach that has a major hotel nearby, and hotel employees come down to the waters edge on the beach and try to scare you away with a megaphone, then... View More

Gordon Charles Webb
PREMIUM
Gordon Charles Webb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2018

No!! Do yourself a favor and call the police, harbor patrol and coast guard before resorting to unreasonable force to protect personal property.

1 Answer | Asked in Admiralty / Maritime for New York on
Q: I was recently injured while working on a shipping vessel. How soon do I need to sue my boss?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Sep 24, 2017

It depends on how serious your injuries are and whether they are paying your maintenance

1 Answer | Asked in Admiralty / Maritime and Consumer Law for Florida on
Q: My houseboat sank in a private marina during Hurricane Irma, What is my obligation as far as removal is concerned.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 16, 2017

You have the obligation to remove it. For specifics refer to your agreement with the marina.

1 Answer | Asked in Admiralty / Maritime for New York on
Q: I completed my work offshore on a vessel three weeks ago, and I still have not been paid. What can I do?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Sep 1, 2017

If your vessel went to a foreign port, there is a penalty wage statute, which gives you double wages for every date that they are not paid.

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Admiralty / Maritime for Georgia on
Q: How does a state have standing to bring a bill of indictment, without corpus delecti evidence?

The state prosecutor is not constitutionally permitted to bring charges of an invasion of rights allegedly suffered by a third party not before the court. He must claim an actual injury of harm directed at himself. This requires proof of an intentional invasion of a protected legal right caused by... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2017

Since 1972 in Georgia, corpus delicti has been allowed to be proven by circumstantial evidence. Go to trial, and see how the case comes out.

3 Answers | Asked in Admiralty / Maritime for New York on
Q: What is the statute of limitations under the Jones Act for injuries at sea?
Tim Akpinar
Tim Akpinar
answered on Sep 7, 2018

The statute of limitations for Jones Act cases is generally three years. This is a general answer and there are exceptions. If you are inquiring beyond learning general information, and you were in fact injured aboard a vessel, you should immediately consult with a attorney who is knowledgeable in... View More

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2 Answers | Asked in Admiralty / Maritime, Personal Injury and Workers' Compensation for New York on
Q: If I'm seriously injured while working at sea, can my spouse file a loss of consortium claim?
Peter N. Munsing
Peter N. Munsing
answered on Jul 13, 2017

You want to speak with a lawyer who is a member of the NYState Trial Lawyers Assn--that handles maritime/Jones Act cases; they give free consults. No is the short answer to your question.

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1 Answer | Asked in Admiralty / Maritime for New York on
Q: What does international waters mean and how would it affect a personal injury claim if I'm injured outside of a

country's maritime boundaries?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

Where is the port of call of the ship on which you were injured? International waters are in between the property boundaries of countries, i.e., no man's land. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Admiralty / Maritime for Texas on
Q: Are cruise ships subject to admiralty law if I get injured on one?
Nicholas I. Gerson
PREMIUM
Nicholas I. Gerson
answered on Jun 6, 2017

Yes. Call me if you would like to discuss the facts of your case. 305-371-6000. You can also email me the details at info@gslawusa.com.

2 Answers | Asked in Admiralty / Maritime for Florida on
Q: What are international waters? Can I just pick a country to file an injury claim in if I'm injured in them?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 2, 2017

No, I believe you would file a claim in the country in which the ocean vessel (assuming there is a vessel involved) is registered.

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1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and International Law for New Jersey on
Q: In N.J. can a Prosecutor draft the indictment 7 days after the hearing unsigned by a foreperson to quash a preliminary h

Hearing was held on the 3rd day of Jan. Indictment drafted and presented on the 10th day of Jan. The hearing on a warrant Gerstein v. Pugh 1975 requured within 48 hours of detainment to determine Probable Cause as arrest was on Sept 16, 2005 did not receive bail until C.J.P. COURT ON Sept 27 11... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 15, 2017

You are asking Warrant vs. Indictment. Indictment is fine as recited above, not a 4th Amendment Violation

1 Answer | Asked in Admiralty / Maritime, Civil Rights and Constitutional Law for Delaware on
Q: Is there any document or court decision that officially superseded the original Articles of Confederation?

Knowing it is often said that the USA is a nation of laws, and knowing we have a constitution, I am wondering; if there was an official act, decision or proclamation that plainly says that the Articles of Confederation are invalidated? If not, do we Americans just pretend the Articles no longer... View More

Robert C. Collins II
Robert C. Collins II
answered on May 11, 2017

The very terms of the Constitution, ratified by 11 of the original 13 colonies, replaced the terms of the Articles. For example, Article 5 of the Articles of Confederation sets out the make-up of Congress, while Article 1 of the Constitution sets out a new, different way to make up Congress. The... View More

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: I want to sue the captain of a ship I was working on for an injury sustained on his vessel while located off the coast

of Florida. He's not American though. Does that matter?

Michael Nicholas Lygnos
Michael Nicholas Lygnos
answered on May 8, 2017

You do not provide enough facts for a definitive answer. If you are a foreign seaman working under a collective bargaining agreement on a foreign flag vessel with a mandatory arbitration remedy, then, the answer is no. If you are a seaman whose employment originated in a US port, and you were... View More

1 Answer | Asked in Admiralty / Maritime for Texas on
Q: What are the key differences between maritime law and regular personal injury law? Can't I just hire a regular personal

attorney if I'm hurt while at sea?

Nicholas I. Gerson
PREMIUM
Nicholas I. Gerson
answered on Apr 28, 2017

The answer to your question is probably not. In maritime law cases, such as cruise ship accidents and injuries many cruise lines require claims brought in certain jurisdictions like federal court in Miami Florida. Maritime law also is a complete different body of law as opposed to state law. You... View More

1 Answer | Asked in Admiralty / Maritime for New York on
Q: If I'm injured on a dock, does the Jones Act cover me or is this more the purview of a traditional personal injury

lawsuit?

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Apr 21, 2017

It depends. The Jones Act only covers sailors. If you are a dockworker you are covered under the Longshore Harbor Workers Act.

1 Answer | Asked in Admiralty / Maritime, Consumer Law, Gov & Administrative Law and Tax Law for Massachusetts on
Q: How can a state demand boat taxes and fee's from a boat owner who is not a citizen or legal resident of the state?

Massachusetts demands a boat excise tax and several fee's for using their waterways. Regardless the boat owner is not a citizen or legal resident of the state. This also means one cannot vote in the state because the person is not a citizen or legal resident. Examples Here: Boat excise tax; a... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

In the same way you have to pay a highway toll when you're driving on the state roads, you'd have to pay boat taxes and fees for using the state's waters, regardless of residency/ citizenship. The state government is, proverbially, king of its castle. This is the basis of sovereign... View More

1 Answer | Asked in Admiralty / Maritime for California on
Q: Which Agency can determine Jurisdiction over the federal Anchorage at Richardson Bay, part of San francisco Bay?

The US Coast Guard has "delegated" it's authority to regulate anchoring and mooring in the "Federal Anchorage" to BCDC, which "delegated" that responsibility to the "RBRA" (Richardson Bay Regional Authority). Now the City of Sausalito is claiming to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

If the federal and state powers have delegated the powers to localities, then the city may be within its rights to legislate in this way if it serves a legitimate governmental purpose (i.e., the rational basis test). More details are necessary to provide a professional analysis of your issue. The... View More

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