Recent Posts in General Maritime Law Category
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Posted on Feb 21, 2019 By John Fulweiler
We used to send the newbies down the pier looking for bulkhead remover. It was a funny joke that never escalated beyond a collective laugh when the newbie returned swearing he'd looked all over ...
Continue reading "A Maritime Lawyer Talks the Seaman's Protection Act" »
Posted on Dec 11, 2018 By John Fulweiler
I took someone's deposition a month or so ago and they made some noise about knowing about me from my articles and it got me thinking that a prudent sailor should know a thing or two about ...
Continue reading "The Sailor and the Deposition - A Maritime Lawyer Explains" »
Posted on Nov 10, 2018 By John Fulweiler
Let's face it; contracts are boring. There's no plot and they read like a confused sea. While you should always speak to your admiralty attorney, here are some common phrases and general ...
Continue reading "Maritime Contracts Are Never Easy to Read - A Maritime Lawyer Explains" »
Posted on Sep 3, 2018 By John Fulweiler
Whether on the dock or on the deck, there's always a lot of knowledge floating around. You likely give what the older guys or gals say more weight and maybe that's justified. As for me, I like ...
Continue reading "From Ear to There: Common Maritime Misunderstandings" »
Posted on Apr 10, 2018 By John Fulweiler
I took someone's deposition a month or so ago and they made some noise about knowing about me from my articles and it got me thinking that a prudent sailor should know a thing or two about ...
Continue reading "The Maritime Deposition - A Maritime Explains" »
Posted on Feb 7, 2018 By John Fulweiler
Nothing is easy, right? Maybe the new hire just got popped for a DUI or maybe after the third trip up from the engine room, through the galley, over the rail and to the truck, you're trying to ...
Continue reading "Drug Testing After A Serious Marine Incident - A Maritime Attorney Explains" »
Posted on Nov 22, 2017 By John Fulweiler
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 ...
Continue reading "US Coast Guard Posts Amalgamated U.S. Inland and International Navigation Rules" »
Posted on Jun 15, 2017 By John Fulweiler
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 ...
Continue reading "Able Bodied Seaman Awarded $638,603" »
Posted on Jun 15, 2016 By John Fulweiler
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 ...
Continue reading "Seaman's Protection Act, 46 U.S.C. 2114" »
Posted on Apr 5, 2016 By John Fulweiler
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" ...
Continue reading "5th Circuit Wrestles with a Maritime Lien" »
Posted on Feb 26, 2016 By John Fulweiler
"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 ...
Continue reading "Bear Trap In An Ocean Wilderness: Suing A Cruise Line" »
Posted on Feb 17, 2016 By John Fulweiler
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 ...
Continue reading "First Responder Immunity & the DEEPWATER HORIZON" »
Posted on Feb 15, 2016 By John Fulweiler
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, ...
Continue reading "Crossing the Bar: Justice Scalia and the Maritime Law" »
Posted on Oct 5, 2015 By John Fulweiler
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 ...
Continue reading "The EL FARO Tragedy & Seeking Justice in a Maritime Court of Law" »
Posted on Mar 1, 2015 By John Fulweiler
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 ...
Continue reading "46 U.S.C. § 30106 - Time Limit For Bringing Maritime Injury or Death Lawsuit" »
Posted on Feb 19, 2015 By John Fulweiler
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 ...
Continue reading "Diving Into Shallow Water - No Admiralty Jurisdiction Says Ficarra Ruling" »
Posted on Feb 11, 2015 By John Fulweiler
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 ...
Continue reading "First Circuit says: "Yes, Uberrimae Fidei is established rule of maritime law!"" »
Posted on Feb 10, 2015 By John Fulweiler
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 ...
Continue reading "ISM Code Amendment Could Be Beneficial to Crew (Principles of Safe Manning, ISM Code (A.1047))" »
Posted on Oct 6, 2014 By John Fulweiler
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 ...
Continue reading "46 U.S.C. 30501 -- The Shipowners Limitation of Liability Act" »
Posted on Sep 7, 2014 By John Fulweiler
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 ...
Continue reading "Newport, RI Maritime Lawyer Talks Maritime Liens" »
Posted on Aug 25, 2014 By John Fulweiler
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 ...
Continue reading "Admiralty Law & Wards of the Court" »
Posted on Aug 20, 2014 By John Fulweiler
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. ...
Continue reading "Newport, RI Admiralty Lawyer Talks About Safe Berths For Ships" »
Posted on Jul 3, 2014 By John Fulweiler
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 ...
Continue reading "Food Poisoning Aboard Ship - Speak to your admiralty attorney!" »
Posted on May 30, 2014 By John Fulweiler
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 ...
Continue reading "Newport, RI Admiralty & Maritime Lawyer Talks Maritime Contracts" »
Posted on May 20, 2014 By John Fulweiler
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 ...
Continue reading "Fistfight Doesn't Give Rise to Admiralty Jurisdiction" »
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