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Recent Posts in General Maritime Law Category

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Able Bodied Seaman Awarded $638,603

If a vessel's crewmember is injured during his employment, he may be able to bring claims under the Jones Act for negligence or under general maritime law for unseaworthiness. It's ...
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US Coast Guard Posts Amalgamated U.S. Inland and International Navigation Rules

Today, the U.S. Coast Guard published an amalgamated version of the U.S. Inland Navigation Rules and the International Regulations for Preventing Collisions as Sea, 1972. Prudent skippers know the ...
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Seaman's Protection Act, 46 U.S.C. 2114

A lot of maritime attorneys like defending the big guys. They like defending the big cruise line, the big conglomerate and the big insurer. Sure, everyone needs a defense but I don’t have the ...
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5th Circuit Wrestles with a Maritime Lien

This is a legal update from the bridge of Fulweiler llc. Lots of marine businesses include language in their maritime contracts stating "the general maritime law of the United States" ...
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Bear Trap In An Ocean Wilderness: Suing A Cruise Line

"Sue the cruise line," is what he says craning forward to chomp on something while pressing a cocktail against his chest. "Going out in weather like that. What? There's something ...
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First Responder Immunity & the DEEPWATER HORIZON

Sickened by dispersants used in the Deepwater Horizon clean-up? A February 16th ruling from the U.S. District Court, Eastern District of Louisiana probably just cut off your rights of recovery. In 32 ...
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Crossing the Bar: Justice Scalia and the Maritime Law

Justice Scalia. Not sure I'm a fan of his reading the Constitution in an original textual context. Scalia's approach seems to encourage the devoted to give Deuteronomy a literal read! Anyway, ...
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The EL FARO Tragedy & Seeking Justice in a Maritime Court of Law

As a maritime lawyer with some fifteen years of water under my keel and another ten or so as a licensed captain, I’m always struck with the oddity of the tyranny that is shipyard life. The ...
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46 U.S.C. § 30106 - Time Limit For Bringing Maritime Injury or Death Lawsuit

Like many things associated with the maritime law, the statute of limitations (that period of time within which you must bring your claim) for maritime personal injury and death claims is specially ...
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Diving Into Shallow Water - No Admiralty Jurisdiction Says Ficarra Ruling

Defense attorneys trying to protect an insurer's deep pockets will sometimes "remove" a case from state court to federal. This "removal" is a legal mechanism that when pulled ...
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First Circuit says: "Yes, Uberrimae Fidei is established rule of maritime law!"

In a recent decision from the First Circuit Court of Appeals (essentially the federal appellate court for New England) the doctrine of Uberrimae Fidei was held to be an important part of the maritime ...
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ISM Code Amendment Could Be Beneficial to Crew (Principles of Safe Manning, ISM Code (A.1047))

If you're a crewmember aboard a vessel, new changes to the ISM Code could prove beneficial. The ISM Code is short for the International Safety Management Code. The goals of the ISM Code are many ...
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46 U.S.C. 30501 -- The Shipowners Limitation of Liability Act

If you ever need proof of the power of big money to influence legislation, there's hardly a better example than The Shipowner's Limitation of Liability Act, 46 U.S.C. 30501, et seq. Conceived ...
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Newport, RI Maritime Lawyer Talks Maritime Liens

Read admiralty attorney John K. Fulweiler, Esq.'s newest article in WindCheck Magazine by clicking HERE. Remember, Fulweiler llc is a maritime law firm through and through. We don't represent ...
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Admiralty Law & Wards of the Court

Crewmembers are wards of the admiralty court. Don’t let anyone tell you otherwise. For instance, just a few years ago the 11th Circuit (which is always knee-deep in admiralty issues) said that ...
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Newport, RI Admiralty Lawyer Talks About Safe Berths For Ships

I sometimes envy the medical profession. For the most part, under a doctor's care you're healed or you die within a relatively short time, and the doctor moves on to his next dance partner. ...
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Food Poisoning Aboard Ship - Speak to your admiralty attorney!

Reports are rolling in of a ship off the coast of Florida with a crew largely incapcitated by food poisoning. Apparently the ship sought the assistance of the U.S. Coast Guard and 19 crewmembers were ...
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Newport, RI Admiralty & Maritime Lawyer Talks Maritime Contracts

Like a vessel's wake, a signature evidences your presence. In most commercial settings, a signature acts as an identifying mark as well as proof of consent to the terms of the document being ...
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Fistfight Doesn't Give Rise to Admiralty Jurisdiction

Nope, admiralty jurisdiction doesn't extend to a fist-fight on a dock. That's what the Second Circuit just ruled when they affirmed (meaning upheld) the trial court's decision. The facts ...
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46 U.S.C. 31301, et seq and Arresting a Vessel for Unpaid Bunker Fuel

When a ship fails to pay for fuel oil and marine gas oil, the supplier typically has a maritime lien against the ship. That is, instead of chasing the company that made the purchase, the ship itself ...
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Experienced RI Maritime Lawyer Talks RI Yacht Club Fire

Marina and yacht club fires are violent, usually swept into big blazes by the fast and hot burning fiberglass of nearby vessels spurred on by coastal breezes. I've been involved in a number of ...
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This Supreme Court Decision Helps Maritime Claimants

Claimants are sometimes prevented from having their claims decided by a jury through the use of a procedural device called "summary judgment." Under certain circumstances, a court can decide ...
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Going Down to the Sea, but Not with the Ship!

The lore of a captain going down with the ship is well known, but what's the legal consequence? Are civil, criminal or professional penalties meted out to the ship's master who scoots clear ...
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Words Are Important In Cruise Ship Slip and Fall Lawsuit

What you say in a maritime lawsuit is important. Nay, what you say anytime is important. Words are your primary tool for conveying your emotions, positions and beliefs. Yea, I know body language ...
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Admiralty Attorney Fulweiler Receives New York Times Press

Building on a reputation for breaking down complicated maritime legal issues, John K. Fulweiler was recently interviewed by the New York Times. Identifying John as possessing unique maritime legal ...
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