Admiralty / Maritime Questions & Answers by State

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Admiralty / Maritime Questions & Answers

Q: Are admiralty court decisions binding or can I sue in regular court if I initially lose?

1 Answer | Asked in Admiralty / Maritime for New York on
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/ 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...
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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

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Feb 15, 2017

Read your ticket. They usually have a clause stating where you have to file a lawsuit
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Q: My husband was injured on a boat but the owner is not from the US - can we still sue here?

2 Answers | Asked in Admiralty / Maritime for New York on
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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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

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...
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Q: Injured while working on a fishing boat. How long do I have to file a claim?

1 Answer | Asked in Admiralty / Maritime for New York on
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 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,...
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Q: What do I do if I was injured on a fishing boat in international waters?

1 Answer | Asked in Admiralty / Maritime for New York on
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 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...
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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

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...
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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

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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Q: I need to file for an emergency post seizure hearing to file a complaint on a wrongful arrest of a sailing vessel

1 Answer | Asked in Admiralty / Maritime for Florida on
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.
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Q: Are native Americans sovereign from maritime law? If so, what excludes them? If my understanding of sovereign is right

1 Answer | Asked in Admiralty / Maritime and Native American Law for Oklahoma on
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.

Q: A man who rented my boatlift stopped paying 2 months ago and I can't reach him. The boat's still there. What can I do?

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Aug 7, 2015

Find him. Get a lien on the boat and eventually sell it, if that can be done. Consult with a local attorney.

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

1 Answer | Asked in Admiralty / Maritime for Florida on
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.

Q: In an admiraty lawsuit, does the defendant have to appear in court or can he appear telephonically?

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Aug 4, 2015

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

Q: What is the requirement for a boat 17ft in length.

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Aug 4, 2015

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

Q: how long are you allowed to anchor off the Florida keys if you are out side the 3 mile limit

1 Answer | Asked in Admiralty / Maritime for Florida on
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.

Q: I need to kow about my status recording for demands, but I don't remember the judge's name, what can I do?

1 Answer | Asked in Admiralty / Maritime for Florida on
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.

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

1 Answer | Asked in Admiralty / Maritime for Florida on
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.

Q: Why is Maritime law used in U.S. County Courts instead of Constitutional laws

1 Answer | Asked in Admiralty / Maritime for Ohio on
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.

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