Timur Akpinar's answer There are a number of ways to challenge subject matter jurisdiction in maritime cases. One of these is raising the issue of location, in terms of whether an accident took place on navigable waters.
Timur Akpinar's answer To get started, you could look up a federal appeals court decision captioned as French Cuff, Ltd, a British Virgin Islands Company v. Markel American Insurance Company. It's an 11th Circuit case dealing with a crack in the hull of a 64-foot catamaran. The decision discusses latent defects in the context of marine insurance policies.
Timothy Denison's answer Reasonable I’d determined the the facts and circumstances surrounding the issue. It could be 30, 60, even 90 days. Bottom line, if you refund the money, they will likely dismiss the charge.
Timur Akpinar's answer People use the terms loosely, but U.S. Constitution grants U.S. Courts authority to hear admiralty cases in Section 2 of Article III. In terms of maritime prosecutions, it is common for them to sometimes be handled jointly between the U.S. Department of Justice and U.S. Coast Guard, depending on the nature of the crime.
Timur Akpinar's answer You could contact the National Oceanic and Atmospheric Administration to inquire if they know who performs the equivalent of their services in Asian countries. The charts I use identify the National Ocean Service Coast Survey as a reference (with additional inputs from the Army Corps of Engineers and U.S. Coast Guard), and I also use Notices to Mariners, but it depends what application you are looking to use these for. You mention courts and IRS; I use these charts for reference and...
Timur Akpinar's answer Courts today can apply elements of both types of law. It will come down to a matter of the type of case the court has subject matter jurisdiction over, so that if a federal district court is deemed to have admiralty jurisdiction over a matter, it will apply maritime law and the Federal Rules of Civil Procedure. However, our legal system does also embody common law, the notion of applying precedents established from earlier court decisions.
Peter N. Munsing's answer Congratulations. I'd suggest you contact a member of CAOC who handles police cases or call the San Francisco or Cal. Civil Liberties Union and ask for the names of "cooperating attorneys" in your are for police misconduct issues.
Timur Akpinar's answer The criteria is one more about the nature of the waters than of distance. Maritime law can apply to an injury that takes place on something known as "navigable waters," which carries with it the attribute of interstate nexus. Therefore a boat operating off the East Coast, West Coast, adjoining gulfs, or sounds can fulfill this requirement. It doesn't have to be 100 miles offshore.
Timur Akpinar's answer It would depend on the capacity of the person at the time the accident occurred. Was the person a member of the vessel’s crew? Was the person a stevedore working for a cargo terminal? Was the person a welder, mechanic, or other shoreside contractor? Was the person a disembarking harbor pilot? Based on the person’s role, any one of a number of laws could apply, such as the Jones Act, Longshore Harbor Workers’ Compensation Act, or other law.
Brent T. Geers' answer Unlikely, but I suppose it's worth it to consult with an employment law attorney. Quite likely, the terms of employment with a cruise line include you being certified for "worldwide" service. If you must remain within 200 miles, you are not available for worldwide use, and I am unsure they would have an obligation to hire you solely for any cruises that don't exceed 200 miles.
Timur Akpinar's answer The U.S. Coast Guard, Office of Commercial Vessel Compliance should be able to provide direction here. OSHA also provides information under the Seaman's Protection Act - https://www.osha.gov/Publications/OSHA3762.pdf.
The answer to your question will depend on the fine print of your cruise ticket contract but with most major cruise lines: Carnival, Royal Caribbean, NCL, there is a 6 month notice requirement (which means you must give written notice within 6 months of the date of the incident), and a one year statute of limitations (which means any case must be filed within 1 year of the date of the incident.
Most importantly, this same fine print requires...
Timur Akpinar's answer It would depend on the circumstances facing the nation. Historically, martial law has been imposed in times of war or disaster. Constitutional scholars would be likely to have a deeper insight into the concept than maritime attorneys because it is closely connected to the suspension of habeas corpus.
Timur Akpinar's answer I would have liked to give you a “yes” or “no” answer, but the most helpful attorney could be one who is experienced with cruise ship wage matters. And not every maritime attorney handles cruise ship wage claims, even if they handle Jones Act claims for crew members. Cruise ship employment can be governed by contract, and crew contracts can vary according to the company, as some ships operate under the U.S. flag and some cruise lines, while having corporate headquarters in the United...
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