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Admiralty / Maritime Questions & Answers
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,... View 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... View 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... View 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.

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Apr 20, 2021

There may be many reasons why you may not have received your settlement money including liens against the settlement money that still need to be resolved. Assuming there are no liens to be paid from the settlement money and that the settlement check was already received by your attorney and that... View 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... View 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
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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... View 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... View 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... View 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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1 Answer | Asked in Admiralty / Maritime, Business Law and Cannabis & Marijuana Law on
Q: In North Carolina do I have to have a dealer's license to purchase a dealer license plate
Tim Akpinar
Tim Akpinar
answered on Feb 7, 2021

There was no mention of a vessel, although Admiralty/Maritime was selected as a category. It wasn't clear if this was about a maritime law matter involving a vessel or activity on navigable waters. Good luck

Tim Akpinar

1 Answer | Asked in Admiralty / Maritime on
Q: Is it proper to not refer to a documented ship as e.g. "the Constitution", instead just "Constitution"?
Tim Akpinar
Tim Akpinar
answered on Feb 3, 2021

In terms of the USS Constitution, the vessel is generally referred to as Constitution or USS Constitution, without the word "the." But I see people use the word "the." In legal pleadings I deal with, I see vessels designated both ways. That's just as a general matter. But... View More

2 Answers | Asked in Estate Planning and Admiralty / Maritime for North Carolina on
Q: Hello, I just turned in my 90 day inventory to my local NC clerk of court.

They advised I wait a few months to see if any debits or credits came in. I thought after 90 days I could wait a few weeks and do the final accounting. I did of course do the 90 day notice to creditors in legal but I didn't mail or hand deliver any notices. Thanks.

Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2021

Do you have a question? If so, you should try posting again.

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1 Answer | Asked in Admiralty / Maritime on
Q: Am a little bit confused,what exactly is tge Giannelis v. Atlanta 82,F.Supp 218,1948 about please
Tim Akpinar
Tim Akpinar
answered on Dec 20, 2020

This case goes back to 1948 and it can sometimes be difficult to find digitized records for cases going back that far in time. It was decided in the United States District Court, Southern District of Georgia, Savannah Division on August 27, 1948. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Admiralty / Maritime for Michigan on
Q: Legality of bicycling on breakwater in Marquette, Michigan

The breakwater is public and often visited by pedestrians. No signs on the premises make mention of pedestrians or otherwise, only that one may not damage federal property.

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2020

A Michigan attorney could advise best, but your question remains open for two weeks. This does not appear to involve maritime law. If there is no signage, it could be difficult to determine what the exact rules would be. One option could be to check with local lawmakers, officials, or land-use... View More

2 Answers | Asked in Real Estate Law and Admiralty / Maritime for North Carolina on
Q: brother took over our father land after he died in 1973 but many of my siblings never signed and were minors
Tim Akpinar
Tim Akpinar
answered on Oct 31, 2020

Unless this involved a vessel or had some other kind of maritime connection, it looks more like something on which a probate - estate planning attorney would be able to offer meaningful insight. You could repost and add Probate and Estate Planning to your Real Estate category, or you could reach... View More

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1 Answer | Asked in Admiralty / Maritime and DUI / DWI for Florida on
Q: I was arrested and 92 for a DUI in Hawaii I was in the Marine corps it was maritime do I still have to pay that fine
Tim Akpinar
Tim Akpinar
answered on Nov 1, 2020

It isn't fully clear what is meant when you say this matter was maritime. If by "maritime" you mean it involved operating a vessel under the influence, it could be what many states call Boating While Intoxicated (or some jurisdictions use Boating While Ability Impaired, where there... View More

1 Answer | Asked in Contracts, Admiralty / Maritime and Intellectual Property on
Q: Will DOG LATIN syntax void a commercial offer from from your quasi courts?
Tim Akpinar
Tim Akpinar
answered on Nov 18, 2020

Courts are not too concerned with syntax. The emphasis is more on substantive legal issues, such as naming the parties, identifying the goods, including prices, timeframes to accept offer, forms of acceptance, etc. Good luck

Tim Akpinar

1 Answer | Asked in Contracts, Admiralty / Maritime, Constitutional Law and Military Law on
Q: Are you a BAR Member?

Do you answer to the British monarch

Tim Akpinar
Tim Akpinar
answered on Nov 25, 2020

The maritime firms here practice in the U.S. mainly. There are online resources for finding UK maritime firms outside of this site. Additionally, some of the larger maritime firms based in the U.S. have international practices with offices overseas. Good luck

Tim Akpinar

2 Answers | Asked in Admiralty / Maritime for Iowa on
Q: In Iowa, what is the liability of a boat owner if a towing company overcharges without an agreement?

I asked a towing company if they could tow a jet ski 300 yards up the Missouri River in Iowa. No pre-estimate of price, no agreement was signed or verbally given, and I repeatedly asked when to bring my trailer to pick it up at the dock if they would bring it up the water. They brought the jet ski... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2020

It looks like the towing company may be asserting a salvage claim as a result of the towing operation. The distinction between a simple tow to a gas dock or a valid salvage action could hinge on the circumstances. To give rise to a salvage claim, maritime law generally requires that there be a... View More

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1 Answer | Asked in Libel & Slander, Personal Injury and Admiralty / Maritime for California on
Q: I was in a boat fire where my friend & I were severely burned. It was almost 2 years ago and I need to find a lawyer.

My friend and I were in a boat fire on another friend's boat. We were intubated and we're in a coma for a little while. I still have permanent scars & cognitive dysfunction because of this. I need a lawyer to help me file a claim for damages, medical bills as soon as possible.

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2020

I'm sorry for your injuries from this terrible boat fire. I agree with Mr. Webb and Mr. Gribow - you need to act immediately. There will be a number of issues for your attorney to sort out quickly. If this boating accident occurred on navigable waters, it could introduce unique issues of... View More

2 Answers | Asked in Admiralty / Maritime for Florida on
Q: Is this still valid law in terms of the selling price must at least be for 1/2 the value of the vessel?

F.S. 328.17 non judicial sale of vessel.

In addition, there is no written lease involved After purchasing the boat from the boatyard.

Thank you.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 5, 2020

I don't see anything in Section 328.17 providing that "the selling price must at least be for 1/2 the value of the vessel". But if you want, look it up yourself at... View More

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