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Admiralty / Maritime Questions & Answers
1 Answer | Asked in Admiralty / Maritime for New York on
Q: Are admiralty court decisions binding or can I sue in regular court if I initially lose?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 8, 2017

To what "admiralty court" are you referring? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Admiralty / Maritime for New York on
Q: If an accident occurred on a cruise ship that is sailing off the coast of New York (not docked), do I have to file the

suit against the cruise ship in a New York court?

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Feb 15, 2017

Read your ticket. They usually have a clause stating where you have to file a lawsuit

2 Answers | Asked in Admiralty / Maritime for New York on
Q: My husband was injured on a boat but the owner is not from the US - can we still sue here?
Nicholas I. Gerson
PREMIUM
Nicholas I. Gerson
answered on Jan 27, 2017

Yes. If the operator conducts business operations in the US or has sufficient contacts with the US you could get jurisdiction. More information is needed. Did the incident occur in US or international waters? Is the owner and operator the same? What type of boat is it?

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1 Answer | Asked in Criminal Law, Admiralty / Maritime, Civil Rights and Constitutional Law for California on
Q: Is it constitutional, legal, or lawful, 4 new legislation 2Exclude a certain class of individuals, even if ex post fac

California's newly adopted Proposition 57 Excludes Sex Registrants from benefiting from the provisions of this bill. I have had to register since 1981 on a single sex related case. A case that I've served the time on, and discharged. I am now currently serving a 25-life sentence on a... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

You're understanding of ex post facto law may be mistaken. Discuss your case with a criminal appeals attorney. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Admiralty / Maritime for New York on
Q: What do I do if I was injured on a fishing boat in international waters?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

It depends on who the defendant is and where they do business. Jurisdiction rules should be analyzed based on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... View More

1 Answer | Asked in Admiralty / Maritime for New York on
Q: Are injuries that occurred in dry dock covered by the Jones Act?
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Apr 14, 2017

No, they are covered by the laws of the state and municipality where the boat was dry docked

1 Answer | Asked in Admiralty / Maritime for New York on
Q: Injured while working on a fishing boat. How long do I have to file a claim?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

See: https://www.nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in...
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1 Answer | Asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Florida on
Q: the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993).

I'm a college student studying business, I have read the case and can't determine who won after the Union appealed the vacating of the arbitration award. Who won the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993). Exxon Shipping or Union? If Union why?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 24, 2016

Here is the summary of the opinion:

"The Exxon Seamen's Union has appealed from a district court order vacating an arbitration award that required the Exxon Shipping Company to reinstate an able bodied seaman on an oil tanker who was found to be highly intoxicated while on duty./...
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1 Answer | Asked in Admiralty / Maritime, Civil Litigation, Personal Injury and Wrongful Death on
Q: We ask for a U.s. Lawyer to sue the ship company of my brother about falsification of the autopsy report.

Location of the crime (onboardship June 2014) The princess Cruiseline convinve us about the natural cause of death of my brother.But in Philippine National Police found out from the autopsy of Traumatic Injuries

Peter N. Munsing
Peter N. Munsing
answered on Jul 27, 2016

You need to contact an attorney in the port area where the ship was based out of. If the brother was crew, then that is what is called a Jones Act case. If he was a passenger, then it's a wrongful death case. If you need the names of some attorneys let me know.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: I need to file for an emergency post seizure hearing to file a complaint on a wrongful arrest of a sailing vessel

I have all my details of evidence put together and I need to get in front of the judge that signed off on the arrest.

I have been told by the clerk of court to file the motion of request by filling out the general docket form and mailing this request in to the judge and then I have to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 25, 2016

Is this case in federal district court (Admiralty rules and jurisdiction)? If so, I expect that you can request a hearing electronically. If you will send me the case number and district (There are three federal districts in Florida), I would be happy to look at it for you.

1 Answer | Asked in Admiralty / Maritime and Native American Law for Oklahoma on
Q: Are native Americans sovereign from maritime law? If so, what excludes them? If my understanding of sovereign is right
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2015

This is a complex question, and you have not supplied nearly enough information for an accurate answer. In general, native Americans, individually, are not sovereign, although their tribe may be to some limited extent.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: how long are you allowed to anchor off the Florida keys if you are out side the 3 mile limit
Robert Jason De Groot
Robert Jason De Groot
answered on Apr 14, 2015

I do not know and I am quite sure that you are not going to get an adequate response on this forum. It would probably be best to actually go see a local attorney who might have some experience in this type of law.

1 Answer | Asked in Admiralty / Maritime for Ohio on
Q: Why is Maritime law used in U.S. County Courts instead of Constitutional laws

Being as an entity is "born" and is then given a "Birth Certificate" in CAPITAL LETTERS insinuating this entity to be a "Corporations" therefore not a living breathing human being, and this entity is charged under a crime of Maritime law on land not sea, because the... View More

Matthew Williams
Matthew Williams
answered on Dec 8, 2014

Constitutional issue can be argued in any American courthouse. Your question is very confusing and demonstrates clearly that you do not understand the system you are dealing with. You should hire an attorney to help you.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: Is it a breach of maritime law for a staff captain to sign a disciplinary form to say he witnessed a test when he did'nt

If so , have the company involved failed by allowing this to have taken place even in the knowledge that the Staff Captain lied on the form,and lawyers at the firm have also ignored this and many other instances of breaches of policy,procedure and company conduct?

Robert Jason De Groot
Robert Jason De Groot
answered on Mar 16, 2015

Did you actually go see an maritime attorney about this? That is always the very best thing to do, to go see an attorney. Maritime attorneys do not usually answer questions on this forum.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: I need to kow about my status recording for demands, but I don't remember the judge's name, what can I do?
Robert Jason De Groot
Robert Jason De Groot
answered on Mar 23, 2015

Where was the court? Try to find out on the internet who the judge was. They are usually listed at the court website.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: In an admiraty lawsuit, does the defendant have to appear in court or can he appear telephonically?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 4, 2015

You asked this question over two years ago. I hope you found an answer when you needed it.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: What is the requirement for a boat 17ft in length.
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 4, 2015

What requirement are you talking about, and have you asked the government people yet who issue licenses?

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: What CFR Reg / s apply to who is allowed to see the official logbook? I am trying to deny access and need the rule
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 6, 2015

You have not given enough facts or even the context from which you ask this question. Go see an attorney if it is still a problem.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: Florida owns the water and the Bay System, so if I build a pier, can I legally keep boaters off of it.
Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

Indeed the State owns the water, at least up until a certain level. If you build a pier, meaning after obtaining a permit for building it on your land an extending into the river or sea, you can kee people off that very pier.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: Can i file charges of piracy against a city municipality for taking my houseboat in Holly Hill, FL?
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 24, 2012

One would have to know a lot more of the facts before even trying to answer this question. Probably not is all I can say without knowing more. You have to give any subdivision of the state 6 months notice before filing suit.

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