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Admiralty / Maritime Questions & Answers
1 Answer | Asked in Admiralty / Maritime for Texas on
Q: Are cruise ships subject to admiralty law if I get injured on one?
Nicholas I. Gerson
PREMIUM
Nicholas I. Gerson
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.

2 Answers | Asked in Admiralty / Maritime for Florida on
Q: What are international waters? Can I just pick a country to file an injury claim in if I'm injured in them?
Terrence H Thorgaard
Terrence H Thorgaard
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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1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and International Law for New Jersey on
Q: In N.J. can a Prosecutor draft the indictment 7 days after the hearing unsigned by a foreperson to quash a preliminary h

Hearing was held on the 3rd day of Jan. Indictment drafted and presented on the 10th day of Jan. The hearing on a warrant Gerstein v. Pugh 1975 requured within 48 hours of detainment to determine Probable Cause as arrest was on Sept 16, 2005 did not receive bail until C.J.P. COURT ON Sept 27 11... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 15, 2017

You are asking Warrant vs. Indictment. Indictment is fine as recited above, not a 4th Amendment Violation

1 Answer | Asked in Admiralty / Maritime, Civil Rights and Constitutional Law for Delaware on
Q: Is there any document or court decision that officially superseded the original Articles of Confederation?

Knowing it is often said that the USA is a nation of laws, and knowing we have a constitution, I am wondering; if there was an official act, decision or proclamation that plainly says that the Articles of Confederation are invalidated? If not, do we Americans just pretend the Articles no longer... View More

Robert C. Collins II
Robert C. Collins II
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... View More

1 Answer | Asked in Admiralty / Maritime for Florida on
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

of Florida. He's not American though. Does that matter?

Michael Nicholas Lygnos
Michael Nicholas Lygnos
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... View More

1 Answer | Asked in Admiralty / Maritime for Texas on
Q: What are the key differences between maritime law and regular personal injury law? Can't I just hire a regular personal

attorney if I'm hurt while at sea?

Nicholas I. Gerson
PREMIUM
Nicholas I. Gerson
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... View More

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

lawsuit?

Michael H. Joseph
PREMIUM
Michael H. Joseph
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.

1 Answer | Asked in Admiralty / Maritime, Consumer Law, Gov & Administrative Law and Tax Law for Massachusetts on
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?

Massachusetts demands a boat excise tax and several fee's for using their waterways. Regardless the boat owner is not a citizen or legal resident of the state. This also means one cannot vote in the state because the person is not a citizen or legal resident. Examples Here: Boat excise tax; a... View More

Ali Shahrestani,
Ali Shahrestani,
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... View More

1 Answer | Asked in Admiralty / Maritime for California on
Q: Which Agency can determine Jurisdiction over the federal Anchorage at Richardson Bay, part of San francisco Bay?

The US Coast Guard has "delegated" it's authority to regulate anchoring and mooring in the "Federal Anchorage" to BCDC, which "delegated" that responsibility to the "RBRA" (Richardson Bay Regional Authority). Now the City of Sausalito is claiming to... View More

Ali Shahrestani,
Ali Shahrestani,
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... View More

1 Answer | Asked in Admiralty / Maritime for New York on
Q: Are injuries that occurred in dry dock covered by the Jones Act?
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2017

No, they are covered by the laws of the state and municipality where the boat was dry docked

1 Answer | Asked in Admiralty / Maritime for New York on
Q: Are admiralty court decisions binding or can I sue in regular court if I initially lose?
Ali Shahrestani,
Ali Shahrestani,
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/... View More

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

suit against the cruise ship in a New York court?

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Feb 15, 2017

Read your ticket. They usually have a clause stating where you have to file a lawsuit

2 Answers | Asked in Admiralty / Maritime for New York on
Q: My husband was injured on a boat but the owner is not from the US - can we still sue here?
Nicholas I. Gerson
PREMIUM
Nicholas I. Gerson
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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1 Answer | Asked in Criminal Law, Admiralty / Maritime, Civil Rights and Constitutional Law for California on
Q: Is it constitutional, legal, or lawful, 4 new legislation 2Exclude a certain class of individuals, even if ex post fac

California's newly adopted Proposition 57 Excludes Sex Registrants from benefiting from the provisions of this bill. I have had to register since 1981 on a single sex related case. A case that I've served the time on, and discharged. I am now currently serving a 25-life sentence on a... View More

Ali Shahrestani,
Ali Shahrestani,
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... View More

1 Answer | Asked in Admiralty / Maritime for New York on
Q: Injured while working on a fishing boat. How long do I have to file a claim?
Ali Shahrestani,
Ali Shahrestani,
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...
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1 Answer | Asked in Admiralty / Maritime for New York on
Q: What do I do if I was injured on a fishing boat in international waters?
Ali Shahrestani,
Ali Shahrestani,
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... View More

1 Answer | Asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Florida on
Q: the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993).

I'm a college student studying business, I have read the case and can't determine who won after the Union appealed the vacating of the arbitration award. Who won the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993). Exxon Shipping or Union? If Union why?

Terrence H Thorgaard
Terrence H Thorgaard
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./...
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1 Answer | Asked in Admiralty / Maritime, Civil Litigation, Personal Injury and Wrongful Death on
Q: We ask for a U.s. Lawyer to sue the ship company of my brother about falsification of the autopsy report.

Location of the crime (onboardship June 2014) The princess Cruiseline convinve us about the natural cause of death of my brother.But in Philippine National Police found out from the autopsy of Traumatic Injuries

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: I need to file for an emergency post seizure hearing to file a complaint on a wrongful arrest of a sailing vessel

I have all my details of evidence put together and I need to get in front of the judge that signed off on the arrest.

I have been told by the clerk of court to file the motion of request by filling out the general docket form and mailing this request in to the judge and then I have to... View More

Terrence H Thorgaard
Terrence H Thorgaard
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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