Posted by John K. Fulweiler | May 06, 2021 |
Newport, Rhode Island: Big appellate decision just out from the 11th Circuit. It helps the boat owner by giving boat owners a chance to avoid the horribly difficult burdens imposed by the maritime law when it comes to marine insurance claims. The decision begins like this:
This case concerns t...
Posted by John K. Fulweiler | Feb 09, 2020 |
PAN-PAN-PAN
Newport, Rhode Island
Maritime attorney John K. Fulweiler, a Rhode Island lawyer representing passengers and crew in maritime injury lawsuits and also representing individuals and maritime businesses in recovering money in maritime claims was featured on the BoatWatch.org website...
Posted by John K. Fulweiler | Oct 19, 2019 |
In August, 2019, a powerboat and small sailboat collided in the vicinity of the Newport Bridge in Narragansett Bay, Rhode Island. The Rhode Island Department of Environmental Management was tasked with the investigation. Our query around here: "Does the RI DEM have the skillset to accomplish suc...
Posted by John K. Fulweiler | Oct 01, 2019 |
PRESS RELEASE
Rhode Island Maritime Law Firm to Offer Free Wake-Hazard Education Seminar
NEWPORT, R.I. – September 30, 2019 – The legal team at Fulweiler llc (saltwaterlaw.com), a Rhode Island maritime law firm representing injured workers and passengers on the East and Gulf Coasts, has anno...
Posted by John K. Fulweiler | Sep 20, 2019 |
The obligation of maintenance is triggered when a seaman is disabled while in the service of the vessel no matter the cause. It's an obligation intended and enforced to protect the "poor and friendless" sailor – hey, those are the court's words not mine! But what if the seaman returns to work? D...
Posted by John K. Fulweiler | Aug 12, 2019 |
Recent press reports describe the death of a 60 year old woman who was apparently thrown from her sailboat when it collided with a 25' powerboat.
This is a tragic situation where a sailing event in Newport, RI leads to the death of a sailor. Because the maritime law has complicated processes t...
Posted by John K. Fulweiler | Jun 24, 2019 |
Despite being from a coastal state where the dangers maritime workers face every day should be well appreciated, Judge Samuel Alito wrote the U.S. Supreme Court's majority opinion refusing to allow a deckhand to claim punitive damages for an unseaworthy vessel. The decision, in this maritime law...
Posted by John K. Fulweiler | Mar 25, 2019 |
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 reply and I gave up at that point. Was there a sextant aboard, a stub of pencil or even a compass that didn't require an electric...
Posted by John K. Fulweiler | Mar 01, 2019 |
John K. Fulweiler, Jr. is an experienced maritime attorney and is recognized as a Proctor-In-Admiralty by the Maritime Law Association of the United States. He has the helm of his own maritime law firm with its principal office in Newport, Rhode Island and which represents individuals and claima...
Posted by John K. Fulweiler | Feb 25, 2019 |
Admiralty attorney John K. Fulweiler's specialized knowledge in maritime personal injury and maritime death claims is well known. He has been interviewed by the New York Times and made appearances on various television news programs. He also writes a long standing column for WorkBoat Magazine an...
Posted by John K. Fulweiler | Feb 21, 2019 |
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 and couldn't find any. Still, some shipboard situations aren't jokes and can put crew in those tough w...
Posted by John K. Fulweiler | Jan 21, 2019 |
Maritime injuries are different than injuries suffered ashore. Not only are they easier to suffer (think pitching vessels and saltwater-slick decks), but the remedies and processes to seek compensation are different. There's a lot of meat on this bone, but let's focus on two issues you might hav...
Posted by John K. Fulweiler | Dec 11, 2018 |
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 depositions. A deposition is a form of discovery. Discovery is the process before a trial where each side e...
Posted by John K. Fulweiler | Nov 10, 2018 |
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 information about they're meaning in the hope it'll help you the next time you scan a contract.
1. "Any and...
Posted by John K. Fulweiler | Sep 03, 2018 |
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 to know for certain. Yea there's local knowledge that's not going to be printed up anywhere, but some s...
Posted by John K. Fulweiler | Aug 07, 2018 |
Defense attorneys when trying to protect an insurer's deep pockets (or, okay, their client's deep pockets) will sometimes "remove" a case from state court to federal court. "Removal" is a legal mechanism that when activated flips a plaintiff's lawsuit out of state court and into federal court. S...
Posted by John K. Fulweiler | Jun 04, 2018 |
Crew member's claims for unpaid wages remind me of the Dr. Seuss line about how business has got to grow, "regardless of crummies in tummies, you know!" Somehow those rhymes neatly capture how clinically businesses can operate all the while sailing past their legal obligations.
Back in 1898, t...
Posted by John K. Fulweiler | Apr 10, 2018 |
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 depositions. A deposition is a form of discovery. Discovery is the process before a trial where each side e...
Posted by John K. Fulweiler | Feb 07, 2018 |
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 spin SAE with metric. I've huffed Marlboros wearing overalls and lawyered wearing suits and it's all th...
Posted by John K. Fulweiler | Nov 22, 2017 |
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 Rules of the Road and with Fulweiler llc at your side, a prudent skipper can prosecute or defend cl...
Posted by John K. Fulweiler | Oct 26, 2017 |
If you are looking for a brief break from the world around you, navigate over to www.dennisconner.com. Yes, the famous sailor who lost and then won back the America's Cup has his own website. Maybe resist the urge to purchase something right away and click over to the "Appearances" section where...
Posted by John K. Fulweiler | Aug 23, 2017 |
When you are injured aboard a cruise ship, you may feel like you don't have any rights. That's not the case. There are numerous federal statutes and extensive maritime case law pertaining to passsengers aboard cruise ships and passenger vessels. In 2010, the United States enacted the Cruise Vess...
Posted by John K. Fulweiler | Jun 15, 2017 |
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 well-settled that maritime employers are bound by a "dut[y] to avoid unseaworthiness and negligence," and that "inj...
Posted by John K. Fulweiler | Apr 03, 2017 |
Each year, the U.S. Coast Guard publishes a notice reporting on the results of random drug testing for the previous calendar year's MIS data and the minimum annual percentage rate for random drug testing for the next calendar year. The Coast Guard explains that the purpose of setting a minimum r...
Posted by John K. Fulweiler | Mar 02, 2017 |
You can lose faith sometimes, but don't lose faith in the maritime law of salvage. This is an awesome area of saltwater law and it'll have the crewmember and vessel owner making money for saving vessels in peril. The Eleventh Circuit Court of Appeals (think the appellate court of the Southeast U...