Admiralty / Maritime Questions & Answers by State
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Admiralty / Maritime Questions & Answers
Q: How to challenge personal or subject matter jurisdiction in court?
1 Answer
| Asked
in
Admiralty / Maritime, Contracts and Civil Rights
for
Pennsylvania
on
Answered on Mar 23, 2019
Answered on Mar 23, 2019
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.
Tim Akpinar
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.
Tim Akpinar
Q: hi i have an assignment to ask lawyers about latent defect in maritime law anything in general
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.
Tim Akpinar
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.
Tim Akpinar
Q: in krs 355.2-309 absence of specific time provisions.. What is considered reasonable time? 1,2 4 weeks? 30 days?
1 Answer
| Asked
in
Contracts, Criminal Law, Admiralty / Maritime and Arbitration / Mediation Law
for
Kentucky
on
Answered on Feb 23, 2019
Answered on Feb 23, 2019
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.
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.
Q: Can experimental (non-US FDA approved) medical procedures be performed by doctors on ships in international waters?
1 Answer
| Asked
in
International Law and Admiralty / Maritime
for
Florida
on
Answered on Feb 22, 2019
Answered on Feb 22, 2019
Q: Is our court actually considered a tribunal as in Admiralty law. The judge, DA and the prosecutor?
1 Answer
| Asked
in
Admiralty / Maritime, Constitutional Law, Gov & Administrative Law and Military Law
for
North Carolina
on
Answered on Feb 16, 2019
Answered on Feb 16, 2019
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.
Tim Akpinar
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.
Tim Akpinar
Q: Where can I find a map of international waters of Asia that is acceptable to the IRS or courts?
1 Answer
| Asked
in
International Law and Admiralty / Maritime
for
California
on
Answered on Feb 9, 2019
Answered on Feb 9, 2019
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...
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...
Q: Are we in Admiralty law or common law. Cause our flags in our court room are gold fringed meaning Admiralty law
1 Answer
| Asked
in
Criminal Law, Admiralty / Maritime, Constitutional Law and Military Law
for
South Carolina
on
Answered on Jan 24, 2019
Answered on Jan 24, 2019
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.
Tim Akpinar
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.
Tim Akpinar
Q: I am the Plaintiff in a federal lawsuit for damage to my boat at the hands of two Marin County sheriff's, and a Marin
1 Answer
| Asked
in
Personal Injury, Admiralty / Maritime, Civil Rights and Constitutional Law
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
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.
All the best!
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.
All the best!
Q: How far out does a boat have to be for federal law to apply to an injury?
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.
Tim Akpinar
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.
Tim Akpinar
Q: If the accident occurred while in port, what laws apply?
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.
Tim Akpinar
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.
Tim Akpinar
Q: i am looking for the proper form quo warranto state of florida
2 Answers
| Asked
in
Traffic Tickets, Admiralty / Maritime and Civil Rights
for
Florida
on
Answered on Nov 15, 2018
Answered on Nov 15, 2018
Q: cruiseline job. Received medical certificate fit for duty with restriction of "near coastal water" defined as 200 miles
2 Answers
| Asked
in
Employment Law and Admiralty / Maritime
for
Michigan
on
Answered on Nov 12, 2018
Answered on Nov 12, 2018
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.
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.
Q: Where does my husband lodge a safety complaint? He works on a commercial boat.
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.
Tim Akpinar
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.
Tim Akpinar
Q: What is the monety amou t required bond or surety for a city manager
1 Answer
| Asked
in
Admiralty / Maritime, Constitutional Law, International Law and Native American Law
for
Oregon
on
Answered on Oct 31, 2018
Answered on Oct 31, 2018
Timur Akpinar's answer
You could try reposting this question and including Municipal Law under your categories. It might have a better chance of being picked up there.
Tim Akpinar
You could try reposting this question and including Municipal Law under your categories. It might have a better chance of being picked up there.
Tim Akpinar
Q: My wife slipped on a wet deck recently on a cruise down to Mexico - how long would we have to file a lawsuit?
Michael A. Winkleman's answer
I hope your wife is doing OK.
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...
I hope your wife is doing OK.
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...
Q: A corp filed on me, neverserved.miss court, sentenced Filed vacate jud, lost they said a cop came read out saysno
2 Answers
| Asked
in
Admiralty / Maritime, Civil Rights, Constitutional Law and White Collar Crime
on
Answered on Oct 26, 2018
Answered on Oct 26, 2018
Q: How do I find the holder of my Trust account?
1 Answer
| Asked
in
Contracts, Real Estate Law and Admiralty / Maritime
for
Nevada
on
Answered on Oct 18, 2018
Answered on Oct 18, 2018
Timur Akpinar's answer
If you additionally posted this question in the Banking and Probate sections, attorneys who are familiar with trust accounts could have a better chance of picking it up.
Tim Akpinar
If you additionally posted this question in the Banking and Probate sections, attorneys who are familiar with trust accounts could have a better chance of picking it up.
Tim Akpinar
Q: can president trump impose martial law.
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.
Tim Akpinar
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.
Tim Akpinar
Q: I don't believe I was compensated properly while working as a cruise member.
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...
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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