Admiralty / Maritime Questions & Answers by State
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Admiralty / Maritime Questions & Answers
Q: What does international waters mean and how would it affect a personal injury claim if I'm injured outside of a
Ali Ebrahimzadeh, Esq.'s answer
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 Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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 Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
Q: Are cruise ships subject to admiralty law if I get injured on one?
Nicholas I. Gerson's answer
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.
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.
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's answer
No, I believe you would file a claim in the country in which the ocean vessel (assuming there is a vessel involved) is registered.
No, I believe you would file a claim in the country in which the ocean vessel (assuming there is a vessel involved) is registered.
Q: In N.J. can a Prosecutor draft the indictment 7 days after the hearing unsigned by a foreperson to quash a preliminary h
1 Answer
| Asked
in
Criminal Law, Admiralty / Maritime, Constitutional Law and International Law
for
New Jersey
on
Answered on May 15, 2017
Answered on May 15, 2017
Stuart Nachbar's answer
You are asking Warrant vs. Indictment. Indictment is fine as recited above, not a 4th Amendment Violation
You are asking Warrant vs. Indictment. Indictment is fine as recited above, not a 4th Amendment Violation
Q: Is there any document or court decision that officially superseded the original Articles of Confederation?
1 Answer
| Asked
in
Admiralty / Maritime, Civil Rights and Constitutional Law
for
Delaware
on
Answered on May 11, 2017
Answered on May 11, 2017
Robert C. Collins II's answer
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 Preamble to the Constitution itself says that it is now the Constitution. We don't "pretend" the Articles no longer apply. They no longer apply because the People decided to adopt a Constitution in...
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 Preamble to the Constitution itself says that it is now the Constitution. We don't "pretend" the Articles no longer apply. They no longer apply because the People decided to adopt a Constitution in...
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
Michael Nicholas Lygnos' answer
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 injured offshore, you possibly can sue the vessel. There are jurisdiction issues. The vessel could be owned by a soverign or government, which has special rules. There are many potential issues. Call a...
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 injured offshore, you possibly can sue the vessel. There are jurisdiction issues. The vessel could be owned by a soverign or government, which has special rules. There are many potential issues. Call a...
Q: What are the key differences between maritime law and regular personal injury law? Can't I just hire a regular personal
Nicholas I. Gerson's answer
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 need a lawyer who specializes in that area.
If you have any questions, you can email my office about your case at info@gslawusa.com with more specifics about your case. My firm specializes in...
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 need a lawyer who specializes in that area.
If you have any questions, you can email my office about your case at info@gslawusa.com with more specifics about your case. My firm specializes in...
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
Michael H. Joseph's answer
It depends. The Jones Act only covers sailors. If you are a dockworker you are covered under the Longshore Harbor Workers Act.
It depends. The Jones Act only covers sailors. If you are a dockworker you are covered under the Longshore Harbor Workers Act.
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?
1 Answer
| Asked
in
Admiralty / Maritime, Consumer Law, Gov & Administrative Law and Tax Law
for
Massachusetts
on
Answered on Apr 18, 2017
Answered on Apr 18, 2017
Ali Ebrahimzadeh, Esq.'s answer
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 rights that is built into the US Constitution, particularly the 10th Amendment. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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 rights that is built into the US Constitution, particularly the 10th Amendment. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
Q: Which Agency can determine Jurisdiction over the federal Anchorage at Richardson Bay, part of San francisco Bay?
Ali Ebrahimzadeh, Esq.'s answer
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 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,...
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 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,...
Q: Are injuries that occurred in dry dock covered by the Jones Act?
Aubrey Claudius Galloway's answer
No, they are covered by the laws of the state and municipality where the boat was dry docked
No, they are covered by the laws of the state and municipality where the boat was dry docked
Q: Are admiralty court decisions binding or can I sue in regular court if I initially lose?
Ali Ebrahimzadeh, Esq.'s answer
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/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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
Michael H. Joseph's answer
Read your ticket. They usually have a clause stating where you have to file a lawsuit
Read your ticket. They usually have a clause stating where you have to file a lawsuit
Q: My husband was injured on a boat but the owner is not from the US - can we still sue here?
Nicholas I. Gerson's answer
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?
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?
Q: Is it constitutional, legal, or lawful, 4 new legislation 2Exclude a certain class of individuals, even if ex post fac
1 Answer
| Asked
in
Criminal Law, Admiralty / Maritime, Civil Rights and Constitutional Law
for
California
on
Answered on Jan 25, 2017
Answered on Jan 25, 2017
Ali Ebrahimzadeh, Esq.'s answer
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 law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute...
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 law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute...
Q: Injured while working on a fishing boat. How long do I have to file a claim?
Ali Ebrahimzadeh, Esq.'s answer
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 CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...
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 CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...
Q: What do I do if I was injured on a fishing boat in international waters?
Ali Ebrahimzadeh, Esq.'s answer
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 my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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 my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
Q: the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993).
1 Answer
| Asked
in
Employment Law, Admiralty / Maritime and Arbitration / Mediation Law
for
Florida
on
Answered on Oct 24, 2016
Answered on Oct 24, 2016
Terrence H Thorgaard's answer
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./ Shipping Company to reinstate an able bodied seaman on an oil tanker who was found to be highly intoxicated while on duty.\ The district court held that this arbitration award was contrary to the well defined...
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./ Shipping Company to reinstate an able bodied seaman on an oil tanker who was found to be highly intoxicated while on duty.\ The district court held that this arbitration award was contrary to the well defined...
Q: We ask for a U.s. Lawyer to sue the ship company of my brother about falsification of the autopsy report.
1 Answer
| Asked
in
Admiralty / Maritime, Civil Litigation, Personal Injury and Wrongful Death
on
Answered on Jul 27, 2016
Answered on Jul 27, 2016
Peter Munsing's answer
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.
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.
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