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Admiralty / Maritime Questions & Answers

Q: Can a bankruptcy court go back and tell a corporation they have to compensate smaller stockholders

1 Answer | Asked in Bankruptcy, Admiralty / Maritime, Energy, Oil and Gas and Mergers & Acquisitions for Florida on
Answered on Jul 6, 2018
Timothy Denison's answer
The court has the power to consider such repayment as you ask, but it is highly unlikely they would exercise it based on the above.
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Q: If I was injured while at sea but the boat owner isn't a US citizen, can I still sue in US court?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Jul 5, 2018
Michael A. Winkleman's answer
It depends. It doesn't really matter whether the shipowner is a US citizen, what matters is how much contact the boat has with the US or any particular state, in order to determine whether there is jurisdiction.

Are you a passenger or a crewmember?
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Q: why does an attorney not disclose the fact that a man or woman is submitted to the jurisdiction of court once hired?

2 Answers | Asked in Contracts, Criminal Law, Traffic Tickets and Admiralty / Maritime for New York on
Answered on Jul 1, 2018
Zev Goldstein's answer
We need more details here. Are you talking about criminal Court? Civil Court? Another type of case?

Generally, in criminal cases, an attorney has a lot of discretion in how to handle a case and does not need a defendant's consent to take legal actions. An attorney does need to consult with a defendant for some things, for instance, whether to take a plea deal.
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Q: China sheet metal guillotine shear factory http://www.sc-pressbrakes.com/

1 Answer | Asked in Admiralty / Maritime on
Answered on Jun 29, 2018
Gordon Charles Webb's answer
I don't understand the question. Please re-submit.
View Details »

Q: Do district courts still have original jurisdiction over acts of piracy committed on international waters?

1 Answer | Asked in Admiralty / Maritime, International Law and Criminal Law for New York on
Answered on Jun 14, 2018
Aubrey Claudius Galloway's answer
Probably not, unless said courts are in the same physical jurisdiction where the ship that was victimized is registered. The court of original jurisdiction is where the (non-pirate) ship is registered. For example, many cruse lines register native to the Bahamas; if one of those vessels were attacked by pirates, the Bahamas is where legal action could be entertained.

Hope that helps,

Aubrey C. Galloway III, Esq.

(914) 912-1555

Q: How long do I have to file a claim if I get injured while working on a fishing boat?

4 Answers | Asked in Admiralty / Maritime for Texas on
Answered on Jun 11, 2018
Gordon Charles Webb's answer
3 years for a Jones Act claim. Consult with a maritime attorney ASAP.

Q: If someone boards my vessel without permission, then refuses to leave, how may I legally evict them?

1 Answer | Asked in Admiralty / Maritime on
Answered on Jun 9, 2018
Gordon Charles Webb's answer
Depending upon additional facts and the particular jurisdiction, probably best to call the local authorities, i.e. Coast Guard, police or sheriff before saying or attempting much other than instructing the individual to leave. Be sure to have a credible witness who can attest to the reasonableness of your actions.

Q: I was injured on a fishing boat, but the boat owner is claiming they're not liable for my medical bills because I was

3 Answers | Asked in Admiralty / Maritime for New York on
Answered on May 30, 2018
Gordon Charles Webb's answer
No, as long as you were employed in the service of the vessel your medical bills are covered under the general maritime law doctrine of maintenance and cure.

Q: Can a credit dispute halt an ongoing suit in court ?

2 Answers | Asked in Arbitration / Mediation Law, Consumer Law, Small Claims and Admiralty / Maritime for California on
Answered on May 21, 2018
William John Light's answer
This mostly unintelligible. You can dispute a debt in a collection matter, if that is what you are asking. Don't see how a credit report pertains to that.

Q: Is the Death On The High Seas Act a claim a family member can file in addition to a wrongful death claim, or instead of

2 Answers | Asked in Admiralty / Maritime for Texas on
Answered on May 18, 2018
Michael A. Winkleman's answer
They are practically the same thing. If a death occurs on the high seas you must file a lawsuit under the death on the high seas act. There are very few exceptions to this.

Q: If I was injured as a result of one of my crewmate's negligence but they have no assets, can I sue the ship owner for

2 Answers | Asked in Admiralty / Maritime for New York on
Answered on May 2, 2018
Michael H. Joseph's answer
Yes. The employer and ship are both liable for a crew injury.

Q: Can I be arrested if I left a cruise ship in Jamaica owing them $6000?

2 Answers | Asked in Admiralty / Maritime for Florida on
Answered on Apr 26, 2018
Gordon Charles Webb's answer
Sheriffs usually don't run around making false threats without acting, but if he is for real - and not some rent a cop - you might respectfully ask him for his basis. . . . . We would need more information, i.e. did you destroy property or just drink to much?

Q: I tried to file my maritime injury suit 14 months after i was injured but the other party claims I'm beyond the statute

2 Answers | Asked in Admiralty / Maritime for Texas on
Answered on Apr 23, 2018
Joseph S. Stacey's answer
Are you a "passenger" on a cruise ship? Most often, a passenger's personal injury case is governed by a one year statute of limitation. A "seaman" has a three year statute of limitation.

Q: If I am injured at sea, what type of medical benefits am I entitled to?

4 Answers | Asked in Admiralty / Maritime for New York on
Answered on Apr 14, 2018
Joseph S. Stacey's answer
If you are a seaman and you are injured or become ill “while in the service of the vessel,” you are entitled to receive paid medical care, maintenance (a daily rate which is supposed to cover room and board), unearned wages (wages through your contract period of employment), and repatriation costs to the point of hire. There are only a few exceptions to payment of these entitlements. Also, a union contract can dictate a maintenance rate. Maintenance and medical expenses must be paid...

Q: How do I ask an Ohio court to determine if a water way is or is not "navigable"?

1 Answer | Asked in Criminal Law, Real Estate Law and Admiralty / Maritime for Ohio on
Answered on Apr 9, 2018
Joseph Jaap's answer
You possibly could file an action for a "declaratory judgment" with a court. There might be different definitions of "navigable waters of the US" that have been determined in different court rulings applying EPA and other federal and state laws and regulations. A definition in one court decision might conflict with a definition in a different court decision. Get am OH watercraft license and talk to ODNR if the answer is not on its web site: http://watercraft.ohiodnr.gov/

Q: Daughter and son n law filed for divorce. Judge signed March 12, 2018. They have changed their minds. Lawyer says Judge

1 Answer | Asked in Divorce and Admiralty / Maritime for Alabama on
Answered on Apr 6, 2018
Mr. James Parrish Coleman's answer
If the wife and husband agree. then they file a motion under Rule 59, ARCP to vacate the divorce judgment -- THIS MUST BE FILED NO LATER THAN 30 DAYS AFTER THE DATE OF THE DIVORCE DECREE. If they both agree, you don't need a reason.

Q: I have been done seriously wrong by the city of Edgewater, Florida. How can I find a lawyer who will fight the city?

1 Answer | Asked in Admiralty / Maritime, Civil Rights, Gov & Administrative Law and Libel & Slander for Florida on
Answered on Apr 2, 2018
Gordon Charles Webb's answer
Go online and look for an attorney with experience handling civil rights claims.

Q: If a boat is legally anchored and hotel employees demand you leave and then force a boarding can you shoot them?

1 Answer | Asked in Admiralty / Maritime and Criminal Law for Hawaii on
Answered on Apr 2, 2018
Gordon Charles Webb's answer
No!! Do yourself a favor and call the police, harbor patrol and coast guard before resorting to unreasonable force to protect personal property.

Q: Do offshore workers get workers comp?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Feb 20, 2018
Joseph S. Stacey's answer
Thank you for your question. The answer depends upon what “category” of worker you are talking about. A “seaman” would not be eligible or qualify for worker’s comp. A seaman’s remedy after being injured on the job falls under the "Jones Act” and General Maritime Law remedies, including maintenance and cure. On the other hand, a “harbor worker” qualifies for federal worker’s comp (L&H). If you are asking about a worker on an oil rig, then most likely that worker would be...

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