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Recent Posts in General Maritime Law Category

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Paper Charts. Do I need to carry a paper chart aboard if I have a chart plotter?

No paper charts. I was on a bridge the other day and was told: "Nope, no paper" in the rounded accent of a Romance language. "But why?" I asked. "Redundancy!" was the ...
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A Maritime Lawyer Talks the Seaman's Protection Act

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 ...
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The Sailor and the Deposition - A Maritime Lawyer Explains

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 ...
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Maritime Contracts Are Never Easy to Read - A Maritime Lawyer Explains

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 ...
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From Ear to There: Common Maritime Misunderstandings

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 ...
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The Maritime Deposition - A Maritime Explains

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 ...
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Drug Testing After A Serious Marine Incident - A Maritime Attorney Explains

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 ...
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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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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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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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