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Texas Admiralty / Maritime Questions & Answers
2 Answers | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Texas on
Q: How do I properly file a petition for writ of prohibition
John Michael Frick
John Michael Frick
answered on Feb 7, 2024

A writ of prohibition is governed by Tex. R. App. P. 52 which governs all original proceedings. The petition for writ of prohibition should be filed electronically using the state's e-filing system with the appropriate appellate court. It should be captioned "In re [name of of the... View More

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2 Answers | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Texas on
Q: How do I properly file a petition for writ of prohibition
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

To properly file a petition for a writ of prohibition, you will need to follow specific procedures outlined by the court in which you plan to file your petition. Begin by researching the rules and requirements for filing such petitions in your jurisdiction, as they can vary from one court to... View More

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2 Answers | Asked in Constitutional Law and Admiralty / Maritime for Texas on
Q: No judicial courts in America since 1789. So what jurisdiction are courts under? And is it legal?
John Michael Frick
John Michael Frick
answered on Nov 14, 2023

The Judiciary Act of 1789 established the federal court system authorized by Article III of the US Constitution. Federal district courts are authorized to exercise admiralty or maritime jurisdiction.

The current Texas state court system was established by the 1891 amendment to the Texas...
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Q: Ex parte snow I remember this case

$91,000,000.00

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2020

You posed under Admiralty/Maritime but there wasn't a maritime law question here. Good luck

Tim Akpinar

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2 Answers | Asked in Admiralty / Maritime, Banking and Tax Law for Texas on
Q: If a person is employed by a corporation and that person is then released from said corporation unethical

I was misinformed about my job duties, requirements, and compensation by my direct supervisor. When I attempted to gain clarity I was informed that I was being released due to the fact that I was on parole. This information was delivered verbally from company supervisor in corporation's... View More

David Ostrove
David Ostrove
answered on Mar 15, 2020

You are entitled to a fair and complete explanation. You may contact the state labour board and request a hearing. A local labour law attorney who handles employees' claims may be helpful to you. You should request a full explanation from your former employer IN WRITING. Ask for a complete... View More

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3 Answers | Asked in Criminal Law and Admiralty / Maritime for Texas on
Q: How do I request charges to be dismissed at arraignment when I'm representing myself?

I went shopping at Wal-Mart last month and purchased a keyboard along with 3 other items. I went thru self checkout and paid for my items. Upon leaving the store an employee said something to me which I couldn't hear since I had headphones in watching a video. I walked to my car and headed... View More

Gary Kollin
Gary Kollin
answered on Sep 17, 2019

Walmart may have a video. Also if you know which register and the time you probably can get the computer records of Payments.

Hire a lawyer who can help you obtain them

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1 Answer | Asked in Family Law, Admiralty / Maritime, Child Support and Civil Rights for Texas on
Q: How does attorney deal with the moral battle knowing about the court registry investment system and the effects

How does attorney deal with the moral battle knowing about the court registry investment system and the effects

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2019

From a practical standpoint, many attorneys do not stop and think to delve deeply into the moral issues because they tend to be more focused on its use as a tool for handling court registry funds. Their immediate attention tends to be more on individual cases.

Tim Akpinar

2 Answers | Asked in Criminal Law and Admiralty / Maritime for Texas on
Q: List Two or three important cases regarding this particular article and section
Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 11, 2019

Is this a homework question?

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1 Answer | Asked in Admiralty / Maritime for Texas on
Q: My husband was responsible for an injury on a rig - can the other guy sue us?
Tim Akpinar
Tim Akpinar
answered on Dec 28, 2018

Additional details are needed.

Tim Akpinar

2 Answers | Asked in Admiralty / Maritime for Texas on
Q: If the accident occurred while in port, what laws apply?
Patrick Mason Dennis
Patrick Mason Dennis
answered on Nov 26, 2018

There are several factors that would impact the applicable law, including the workers' job title, type of employer, and the place where the incident occurred. For example, if the worker was injured on a vessel, while working as a member of the crew, then the claims may fall under the Jones... View More

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1 Answer | Asked in Admiralty / Maritime for Texas on
Q: Where does my husband lodge a safety complaint? He works on a commercial boat.
Tim Akpinar
Tim Akpinar
answered on Oct 31, 2018

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

1 Answer | Asked in Admiralty / Maritime for Texas on
Q: I was injured offshore in work-related accident. What's the maximum amount of maintenance I can get, and how soon?
Tim Akpinar
Tim Akpinar
answered on Oct 9, 2018

In general, reputable employers will take steps to arrange for maintenance payments soon after a preliminary investigation is able to verify the facts of an accident/injury. Maintenance is generally paid until the employee reaches maximum medical improvement. Some court decisions use similar terms... View More

2 Answers | Asked in Admiralty / Maritime for Texas on
Q: What is the statute of limitations under the Jones Act for injuries at sea?
Tim Akpinar
Tim Akpinar
answered on Sep 7, 2018

The statute of limitations for Jones Act cases is generally three years. This is a general answer and there are exceptions. If you are inquiring beyond learning general information, and you were in fact injured aboard a vessel, you should immediately consult with a attorney who is knowledgeable in... View More

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2 Answers | Asked in Admiralty / Maritime for Texas on
Q: If two ships collide and I get injured while working on one, can I sue my employer for my injuries or would I need to

sue the other ship if it was at fault?

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2018

It is possible that legal causes of action could arise against both vessels. Maritime law prescribes to the doctrine of comparative liability. This means that in a collision setting in general (the particular details and circumstances of your vessel's collision are not outlined here), both... View More

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1 Answer | Asked in Admiralty / Maritime for Texas on
Q: If I was injured while at sea but the boat owner isn't a US citizen, can I still sue in US court?
Michael A. Winkleman
Michael A. Winkleman
answered on Jul 5, 2018

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?

4 Answers | Asked in Admiralty / Maritime for Texas on
Q: How long do I have to file a claim if I get injured while working on a fishing boat?
Jason Robert Margulies
Jason Robert Margulies
answered on Jun 11, 2018

The general maritime personal injury statute of limitations is 3 years.

46 U.S. Code § 30106 - Time limit on bringing maritime action for personal injury or death. Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort...
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2 Answers | Asked in Admiralty / Maritime for Texas on
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

one?

Michael A. Winkleman
Michael A. Winkleman
answered on May 18, 2018

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.

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2 Answers | Asked in Admiralty / Maritime for Texas on
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

of limitations. I thought I had 3 years to file my personal injury suit?

Joseph S. Stacey
PREMIUM
Joseph S. Stacey
answered on Apr 23, 2018

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.

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1 Answer | Asked in Admiralty / Maritime for Texas on
Q: Do offshore workers get workers comp?
Joseph S. Stacey
PREMIUM
Joseph S. Stacey
answered on Feb 20, 2018

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,... View More

1 Answer | Asked in Admiralty / Maritime for Texas on
Q: Is there a special workers comp law if you're injured while working at sea?
Joseph S. Stacey
PREMIUM
Joseph S. Stacey
answered on Jan 30, 2018

The answer depends upon what category of worker you fall into. If you are a seaman or fisherman, you would be covered by the "Jones Act" and general maritime law. If you are a longshoreman or harborworker, you would be covered by Longshore and Harborworkers Compensation Act (a worker's comp law).

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