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Admiralty / Maritime Questions & Answers

1 Answer | Asked in Admiralty / Maritime on

Q: hi i have an assignment to ask lawyers about latent defect in maritime law anything in general

Tim Akpinar answered on Feb 27, 2019

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... Read more »

1 Answer | Asked in Contracts, Criminal Law, Admiralty / Maritime and Arbitration / Mediation Law for Kentucky on

Q: in krs 355.2-309 absence of specific time provisions.. What is considered reasonable time? 1,2 4 weeks? 30 days?

created contract to provide signage to a client, I being the designer, creator and Installer, I would purchase the materials needed to do so and construct and then install, had set a date on one part of estimate, however states "this is an estimate on the goods named and subject to change if... Read more »

Timothy Denison answered on Feb 23, 2019

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.

1 Answer | Asked in International Law and Admiralty / Maritime for Florida on

Q: Can experimental (non-US FDA approved) medical procedures be performed by doctors on ships in international waters?

Maritime law question....Could a ship flagged in a non-U.S. registered/flagged country (e.g. the Bahamas) have a doctor on board perform experimental procedures (say, for cancer) when in international waters that are not allowed in the U.S. ?

Terrence H Thorgaard answered on Feb 22, 2019

Probably. What, if any connection does the doctor have with the U.S.?

Q: Is our court actually considered a tribunal as in Admiralty law. The judge, DA and the prosecutor?

As a sovereign we have the jurisdiction over the land of the United States of America. What is the difference between a STRAWMAN and a Human Being.

Tim Akpinar answered on Feb 16, 2019

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... Read more »

1 Answer | Asked in International Law and Admiralty / Maritime for California on

Q: Where can I find a map of international waters of Asia that is acceptable to the IRS or courts?

For expatriate crew members working in an airplane or ship in a Foreign Country, part of the income made there can be counted as an exclusion for the Foreign Earned Income Exclusion (FEIE). However, when a crew member is performing their services over international waters, all the income made there... Read more »

Tim Akpinar answered on Feb 9, 2019

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... Read more »

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and Military Law for South Carolina on

Q: Are we in Admiralty law or common law. Cause our flags in our court room are gold fringed meaning Admiralty law

Tim Akpinar answered on Jan 24, 2019

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... Read more »

1 Answer | Asked in Personal Injury, Admiralty / Maritime, Civil Rights and Constitutional Law on

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

County "Harbor Administrator" and a contractor, and the United States.

The Judge has granted some of my Claims and given me the opportunity to amend. She also mentioned that there might be a Banes Act violation, which I had not included in the complaint, If I can claim to be a... Read more »

Peter N. Munsing answered on Jan 23, 2019

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!

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 answered on Dec 28, 2018

Additional details are needed.

Tim Akpinar

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

Q: How far out does a boat have to be for federal law to apply to an injury?

Tim Akpinar answered on Dec 14, 2018

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... Read more »

2 Answers | Asked in Admiralty / Maritime for Texas on

Q: If the accident occurred while in port, what laws apply?

Tim Akpinar answered on Nov 23, 2018

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?... Read more »

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2 Answers | Asked in Traffic Tickets, Admiralty / Maritime and Civil Rights for Florida on

Q: i am looking for the proper form quo warranto state of florida

Gary Kollin answered on Nov 15, 2018

Look at Florida Appellate Practice by Padavano

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2 Answers | Asked in Employment Law and Admiralty / Maritime for Michigan on

Q: cruiseline job. Received medical certificate fit for duty with restriction of "near coastal water" defined as 200 miles

Restriction is due to type 1 diabetes. Cruise line states no voyages within 200 miles although their marketing states otherwise. Is this employment discrimination? How can I find more information on maritime laws, definitions

Brent T. Geers answered on Nov 12, 2018

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... Read 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 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

Q: What is the monety amou t required bond or surety for a city manager

None

Tim Akpinar answered on Oct 31, 2018

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

2 Answers | Asked in Admiralty / Maritime for New York on

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 answered on Oct 31, 2018

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...
Read more »

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2 Answers | Asked in Admiralty / Maritime, Civil Rights, Constitutional Law and White Collar Crime on

Q: A corp filed on me, neverserved.miss court, sentenced Filed vacate jud, lost they said a cop came read out saysno

My court date with them was for 10/17/18, I had the court certify mail to serve them, the court stated the verification card hasn't been returned yet, I called down to L.A. post office, she faxed me a copy of the agents signature, but the judge didn't accept it. Rescheduled the court date.

Gary Kollin answered on Oct 26, 2018

Thank you for sharing this information

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1 Answer | Asked in Contracts, Real Estate Law and Admiralty / Maritime for Nevada on

Q: How do I find the holder of my Trust account?

cest de qui trust was created on my behalf; I would like to be the trustee and beneficiary on this account

Tim Akpinar answered on Oct 18, 2018

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

1 Answer | Asked in Admiralty / Maritime for Illinois on

Q: can president trump impose martial law.

Tim Akpinar answered on Oct 14, 2018

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... Read more »

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

Q: I don't believe I was compensated properly while working as a cruise member.

Do I need a maritime attorney, or just a regular employment attorney?

Tim Akpinar answered on Oct 12, 2018

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... Read more »

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 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... Read more »

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