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 »
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 »
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. ?
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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
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 »
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.
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 »
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.
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 »
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 »
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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