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Admiralty / Maritime Questions & Answers
2 Answers | Asked in Admiralty / Maritime for New Jersey on
Q: Cruise ship injury from wind tunnel effect in stateroom.

balcony door and stateroom door was opened and the wind tunnel effect opened the closet door violently onto my head, face and eye. There was a sign on the door that indicated not to open both doors at the same time but nothing about the closet door opening and injuring someone. Closet door was very... Read more »

Michael A. Winkleman
Michael A. Winkleman answered on Oct 14, 2019

We’ve handled dozens of injury cases on cruise ships involving the wind tunnel effect just like yours. As such the cruise line is on notice of the danger. Feel free to email me at mw@lipcon.com and we can likely help.

Note that any case has to be filed in miami within one year of the...
Read more »

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2 Answers | Asked in Admiralty / Maritime for California on
Q: Can owner of marina tell liveaboards to leave without putting request in writing?

Im a liveaboard at a marina in Contra Costa County, California. The owner of the marina violated the current law which says no liveaboards in Contra Costa and has a number of tenants living on their boats at his marina. Due to one tenant causing problems with other tenant, the marine sheriff have... Read more »

Tom Evans
Tom Evans answered on Oct 6, 2019

This is not an admiralty or maritime question. Best check State landlord tenant laws.

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1 Answer | Asked in Criminal Law, Admiralty / Maritime and Municipal Law for Ohio on
Q: What if the defendant enters written bond into the case before the plaintiff can is that a dishonor?
Tim Akpinar
Tim Akpinar answered on Sep 30, 2019

Based on the limited facts, any admiralty/maritime issues involved were not clear.

Tim Akpinar

1 Answer | Asked in Family Law, Admiralty / Maritime, Appeals / Appellate Law and Child Custody for Minnesota on
Q: How can I sue the court

I am being deprived my due process

Tim Akpinar
Tim Akpinar answered on Sep 22, 2019

Additional information is needed. Due process is a broad area and the manner in which your rights are being violated is not clear from the facts at hand.

Tim Akpinar

3 Answers | Asked in Criminal Law and Admiralty / Maritime for Texas on
Q: How do I request charges to be dismissed at arraignment when I'm representing myself?

I went shopping at Wal-Mart last month and purchased a keyboard along with 3 other items. I went thru self checkout and paid for my items. Upon leaving the store an employee said something to me which I couldn't hear since I had headphones in watching a video. I walked to my car and headed home. 2... Read more »

Gary Kollin
Gary Kollin answered on Sep 17, 2019

Walmart may have a video. Also if you know which register and the time you probably can get the computer records of Payments.

Hire a lawyer who can help you obtain them

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1 Answer | Asked in Traffic Tickets, Admiralty / Maritime and Municipal Law for Alabama on
Q: Can I defend against an unsworn complaint issued by an officer in the form of an "e-ticket" under 32-1-4(a)?

At bottom of ticket, it states "no signature required pursuant to 32-1-4(a)", but that code appears to be stating that the violator would be deemed to have given a written Bond to appear, not waiving officers' need to sign the complaint. Violated Montg. Municipal Ord. 1-9 adopted 32-6-65

Tim Akpinar
Tim Akpinar answered on Aug 26, 2019

This was posted under Admiralty/Maritime, but I was unable to find anything under maritime laws pertaining to the listed statute(s). It looks like it involves violation of a Montgomery Municipal Ordinance. Consult with an Alabama attorney, as it probably requires a prompt response/appearance where... Read more »

3 Answers | Asked in Admiralty / Maritime for California on
Q: A Ca police officer sees a suspected murderer while both are on board a cruise ship bound from SD to Hawaii.

Can he arrest him while the ship is in international water? The ship is registered in Liberia.

Tom Evans
Tom Evans answered on Aug 3, 2019

The officer should call ahead and make arrangements for arrest once the vessel hits port in Hawaii. Arrests are fairly common upon arrivals. Also, during the period before reaching port the validity of the warrant can be confirmed. There are often mistakes in the system and the warrant must be... Read more »

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2 Answers | Asked in Libel & Slander and Admiralty / Maritime for New York on
Q: slip fully paid for the year. sold the boat and promised buyer the slip as well. can the Marina try charging new owner ?

So I sold my boat and promised new owner the slip as well since it was fully paid for the remainder of the summer season. As suggested by the owner of the marina stating that it would be more appealing when selling a boat. So now that boat its sold the marina's owner is no where to be found for me... Read more »

Tom Evans
Tom Evans answered on Jul 24, 2019

This does not involve maritime law or admiralty. You need to consult with a local attorney about breach of contract issues

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1 Answer | Asked in Admiralty / Maritime for Virginia on
Q: I was charged with 29.1-738.01 improper operation of a boat. Could you please let me know what I can expect to happen

When I go to court? I am wondering about the fine and the consequences of a class 3 misdemeanor

Tim Akpinar
Tim Akpinar answered on Jul 7, 2019

This is something that needs to be discussed with a Virginia attorney who practices criminal law. Good luck

Tim Akpinar

1 Answer | Asked in Admiralty / Maritime and Mergers & Acquisitions for Nevada on
Q: The question is, what is the process of selling a boat in an llc in california for buyer and seller. Who does what?

If you are the seller (transferring the llc to the buyer) what are you required to do and when? If you are the seller what are you required to do an when? I.e. register the llc in your name, etc...

Tim Akpinar
Tim Akpinar answered on Jul 6, 2019

Depending on the size of the vessel, this can be a complex transaction that can involve state-specific laws in a number of different areas. It is something that needs to be discussed in detail with an attorney who practices in the jurisdiction. Good luck.

Tim Akpinar

1 Answer | Asked in Admiralty / Maritime and Constitutional Law for Colorado on
Q: I have been introduced to a legal experiment regarding constitutional law. Could someone evaluate the following ?

We are defrauded at birth and made a corporation under Admiralty Law.

The registration of live births in America and throughout the former British Empire, most of Europe, is used not to simply record the birth of babies, but to name commercial "vessels" after those babies. This... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 5, 2019

This does not appear to be something the average maritime practitioner dealing with ship collision, ship arrest, Jones Act, cruise ship, boating accident, or salvage cases would know about. A tax attorney might have deeper insight.

Tim Akpinar

3 Answers | Asked in Estate Planning, Immigration Law, Tax Law and Admiralty / Maritime for Illinois on
Q: What steps do I need to take to become of majority status and correctly use the name? Indiana and internationally.
Tom Evans
Tom Evans answered on Jun 24, 2019

Sorry, but this does not sound like a maritime question. Also, the naming in issue did not come through. Please try trademark and copy write experts. Thank you and best regards. Tom Evans Maritime Lawyer Please see Justia disclaimer.

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1 Answer | Asked in Admiralty / Maritime, Business Formation, Business Law and Employment Law for Florida on
Q: US pass through entity gains revenue from services aboard a cruise ship. Does that entity pay US federal and state tax
Tim Akpinar
Tim Akpinar answered on Jun 22, 2019

This question needs to be presented to a tax attorney - try to repost, adding Tax Law as a category.

Tim Akpinar

1 Answer | Asked in Admiralty / Maritime for Nevada on
Q: regarding the “heightened duty of care” - is the next statement accurate? Thanks

Unfortunately, the federal appellate courts have cancelled that out in maritime cases. They apply a watered-down “reasonable care” standard instead.

Tim Akpinar
Tim Akpinar answered on Jun 20, 2019

That reasonable care standard applied in maritime law is prevalent in tort law in general. If you have a case pending, your attorney could outline for you why the protection afforded by the standard is not a weak one, if it is examined thoroughly by an experienced maritime practitioner. If your... Read more »

1 Answer | Asked in Admiralty / Maritime and Mergers & Acquisitions for Nevada on
Q: Whats the template for a sale of this type from both a buyers and sellers best practices pov?
Tim Akpinar
Tim Akpinar answered on Jun 11, 2019

In terms of templates, it could depend on the preferences of the Nevada broker handling the sale. While they could be similar in general characteristics and basic issues covered, templates could differ from broker to broker.

Tim Akpinar

1 Answer | Asked in Contracts, Tax Law, Admiralty / Maritime and Business Law for California on
Q: Does buyer of 'boat' LLC have to register ownership immediately after acquistion? And whom is responsible for taxes?

In October 2018, I sold my California LLC which only asset was a boat (wholly owned by my single owner/manager CA S corp).  Licensed yacht brokers handled the sale through a maritime attorney.  The deal was a straight up deal, llc for cash.  The same maritime attorney represented both buyer and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 11, 2019

You are sailing in unchartered waters--at least for me. In addition, there are some important facts missing from you question that prevent lawyers from advising you. Finally, competent lawyers do not answer questions about what might happen in the future. Too many possibilities.

2 Answers | Asked in Contracts and Admiralty / Maritime for California on
Q: Can you use vehicle codes from one state to another state?

I would like to know if I could use Idaho vehicle codes in California and vice verse since its state to state.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 7, 2019

What do you mean by "vehicle codes?"

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2 Answers | Asked in Personal Injury, Admiralty / Maritime and Civil Litigation for Virginia on
Q: If a marina allows larger boats to overhang their slips and a smaller boat hits the larger boat while the larger boat

is still in its slip not moving, can the marina be sued? So the question is about liability issues a marina might encounter

by allowing boat overhang in the slips.

annegwynn1@gmail.com

Tim Akpinar
Tim Akpinar answered on Jun 5, 2019

The degree of overhang could be a factor. If the smaller boat was moving, it's likely that it would be confronted by the argument that the other vessel was not moving. Maritime law applies a presumption that serves in favor of a non-moving vessel in encounters with moving vessels. The degree of... Read more »

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1 Answer | Asked in Traffic Tickets, Admiralty / Maritime, Civil Rights and Constitutional Law on
Q: Why is another pre-trial set When the prosecutor produced no evidence of jurisdiction?

I was given a ticket for 87 in an 80.

I was on official business to Houston the day before a court date.

I was traveling freely and unencumbered when the officer chased me down. I rolled the window down only about 2 1/2 inches. He demand I roll it all the way down. I refused.... Read more »

Tim Akpinar
Tim Akpinar answered on May 21, 2019

You could repost the question simply under Traffic Tickets. There were a number of different headings here, which may have served to discourage your question being picked up until now. Leave off the Constitutional Law and Admiralty/Maritime Law elements (there were no maritime issues here) - they... Read more »

1 Answer | Asked in Admiralty / Maritime for New Jersey on
Q: how do I get a copy of the court papers and shipwreck arrest of the Andrea Doria by John Moyer
Tim Akpinar
Tim Akpinar answered on May 2, 2019

There was a preliminary injunction filed for the wreck of the Andrea Doria in the United States District Court, District of New Jersey. It was referenced as 836 F. Supp. 1099 (1993) - Civ. A. No. 93-2377. It's hard to say how much of the file subsequent to that is digitized and online, as the... Read more »

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