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

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Jun 21, 2017

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...
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Q: Are cruise ships subject to admiralty law if I get injured on one?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Jun 6, 2017

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.
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Q: What are international waters? Can I just pick a country to file an injury claim in if I'm injured in them?

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Jun 2, 2017

No, I believe you would file a claim in the country in which the ocean vessel (assuming there is a vessel involved) is registered.
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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

You are asking Warrant vs. Indictment. Indictment is fine as recited above, not a 4th Amendment Violation
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Q: Is there any document or court decision that officially superseded the original Articles of Confederation?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

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...
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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

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on May 8, 2017

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...
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Q: What are the key differences between maritime law and regular personal injury law? Can't I just hire a regular personal

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Apr 28, 2017

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...
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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

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Apr 21, 2017

It depends. The Jones Act only covers sailors. If you are a dockworker you are covered under the Longshore Harbor Workers Act.
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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

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...
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Q: Which Agency can determine Jurisdiction over the federal Anchorage at Richardson Bay, part of San francisco Bay?

1 Answer | Asked in Admiralty / Maritime for California on
Answered on Apr 18, 2017

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,...
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Q: Are injuries that occurred in dry dock covered by the Jones Act?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Apr 14, 2017

No, they are covered by the laws of the state and municipality where the boat was dry docked
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Q: If I'm injured on a cruise ship, would that fall under maritime law or regular personal injury?

3 Answers | Asked in Admiralty / Maritime for New York on
Answered on Mar 30, 2017

Maritime law, not state law.
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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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