Posted by John K. Fulweiler | Jul 24, 2013 |
It's funny, you don't see urologists advertising for neurological patients. And mechanics don't advertise for plumbing jobs and accountants aren't looking to handle your house sale. My point is that why then, do so many attorneys advertise that they handle boat accident lawsuits?
The general m...
Posted by John K. Fulweiler | Jul 18, 2013 |
Don't get me wrong, if you own a boat you're foolish not to have insurance. Typically marine insurance is divided between liability and hull coverage. The problem with marine insurance is that it feels and sort of tastes like auto insurance; there's the cute graphics, the friendly sayings and th...
Posted by John K. Fulweiler | Jul 17, 2013 |
When you don't hire an admiralty attorney, you get in a jamb. When you get in a jamb, you lose money. When you lose money, you stop shining your shoes. When your shoes aren't shined, people think you're down on your luck. When people think you're down on your luck, they take advantage. And when ...
Posted by John K. Fulweiler | Jul 15, 2013 |
Salvage awards encourage volunteers to spring into action and save vessel and cargo from loss to marine perils. You don't need to be a 'professional' salvor to qualify for an award; the recreational boater, and the seaside visitor are equally entitled to a salvage award.
In order to qualify fo...
Posted by John K. Fulweiler | Jun 29, 2013 |
If you think you don't like class action lawsuits, try this one on for size. Before being injured, deemed unfit for service and discharged in Oman, John was a chief cook aboard a Maersk vessel. Among other things, on being discharged John was paid unearned wages at his base pay rate. That is, he...
Posted by John K. Fulweiler | Jun 13, 2013 |
A cruise is a great departure from the "regular" vacation. However, just as a cruise line vacation may expose you to new and interesting experiences it will also expose you to a new legal framework. When taking a cruise, a passenger should remember the following:
The Supreme Court of the Uni...
Posted by John K. Fulweiler | May 30, 2013 |
Summer fun can sometimes result in a recreational boating accident. A maritime personal injury, or, death while boating can result in admiralty (or "maritime" -- they're interchangeable terms) law applying instead of state law. When federal maritime law applies it can change the outcome of your ...
Posted by John K. Fulweiler | May 25, 2013 |
If you're a passenger injured aboard a cruise ship, I hope you find an admiralty attorney. Experience with auto claims, elder law, social security disability and whatever else is listed on a lawyer's website, probably isn't going to be much help in navigating the tricky maritime law waters of su...
Posted by John K. Fulweiler | May 22, 2013 |
Us maritime lawyers often engage in pitched battles over whether a claim or contract is subject to the Court's admiralty jurisdiction. Here are three general comments on admiralty jurisdiction that we suspect are not well known:
When the Court's admiralty jurisdiction is invoked the substanti...
Posted by John K. Fulweiler | May 17, 2013 |
On May 16, 2013, the Third Circuit Court of Appeals issued its decision in the appeal captioned In Re: Petition of Frescati Shipping Company, Ltd., as Owner of the m/t ATHOS I, et al. You can read the decision by clicking HERE. The appeal concerned the apportionment of monetary liability between...
Posted by John K. Fulweiler | May 07, 2013 |
John K. Fulweiler, Esq. accepted an invitation to speak at the Rhode Island Marine Trades Association meeting last night at the Rhode Island Yacht Club. The evening was billed as a discussion of marketing strategies for the marine trades and John was asked to discuss the publication of his recen...
Posted by John K. Fulweiler | Apr 27, 2013 |
Although a cruise line obtained the dismissal of a personal injury lawsuit, it failed to recover its attorneys' fees and costs. This was the correct outcome and the cruise line was doing what, in my opinion, they do -- throwing their weight around. You see, during the lawsuit which was pending i...
Posted by John K. Fulweiler | Apr 26, 2013 |
Newport, Rhode Island admiralty attorney, John K. Fulweiler, a fifteen year veteran in the fields of admiralty and maritime law and holder of a U.S. Coast Guard license endorsed for towing, has accepted an invitation to teach a summer class at the Roger Williams University Law School (http://law...
Posted by John K. Fulweiler | Apr 23, 2013 |
During its March, 2013 Conference, I understand that the Judicial Conference approved a $50.00 so-called "Administrative Fee" to be tacked on to the $350.00 fee for filing a complaint in federal court. That means if you want justice in the federal court, it'll begin by you cutting a check for $4...
Posted by John K. Fulweiler | Apr 12, 2013 |
The Rhode Island Bar Association will host Proctor-in-Admiralty John K. Fulweiler at two speaking engagements in May, 2013. John will be speaking as part of the Association's Continuing Legal Education ("CLE") series. CLE is professional education of lawyers that takes place after a lawyer's adm...
Posted by John K. Fulweiler | Apr 05, 2013 |
So let's say you and your buddy and his girlfriend are out for a sail this summer. Maybe, after a few beers, you improvise a marriage ceremony. Back on land and six months later, his girlfriend is saying its legal because you were the vessel's captain that fateful day, is she right? Now, there's...
Posted by John K. Fulweiler | Mar 27, 2013 |
Maritime attorney John K. Fulweiler, Esq. was asked to speak at the Rhode Island Harbormaster's Association meeting on issues regarding the law of maritime salvage and considerations when dealing with derelict and seemingly abandoned vessels. John was honored to accept the invitation and looks f...
Posted by John K. Fulweiler | Mar 19, 2013 |
Yesterday, New York maritime attorney John K. Fulweiler attended the American Salvage Association's Spring Meeting. The meeting was held in Stamford, Connecticut in conjunction with the Shipping 2013 conference which was just kicking off. As Chairperson of the American Salvage Association's memb...
Posted by John K. Fulweiler | Mar 16, 2013 |
An injured seafarer may be able to obtain compensation through the remedies afforded by the Jones Act. Because vessel crewmembers generally do not have a right to claim under state workman's compensation statutes, congress allows crewmembers to bring claims against their employers under the Jone...
Posted by John K. Fulweiler | Mar 13, 2013 |
Proctor-In-Admiralty and maritime attorney John K. Fulweiler maintains his maritime law office in Newport, Rhode Island and practices federal maritime law throughout the East and Gulf Coasts.
"Sometimes," he explains. "People will ask me what really happens when a vessel is 'arrested'? You kno...
Posted by John K. Fulweiler | Mar 08, 2013 |
Be honest. A client and her lawyer are going to sail into rough weather. Pursuing or defending against a maritime claim is never easy and a client that isn't honest with his lawyer, risks undermining success. Whether you signed the document without reading it or whether you were texting when you...
Posted by John K. Fulweiler | Mar 01, 2013 |
On March 1, 2013, the maritime and admiralty law firm of Fulweiler llc (www.saltwaterlaw.com) relocated its principal office to 40 Mary Street, First Floor - Aft, Newport, Rhode Island.
"Taking a larger space in Newport, Rhode Island makes sense," says John K. Fulweiler, Esq. "While we'll miss...
Posted by John K. Fulweiler | Feb 25, 2013 |
The law of maritime salvage has ancient roots. It's an elegant proposition designed to encourage the disinterested to spring into action to save vessels and cargo from loss to the sea. Still, maritime salvage has plenty of rumor and innuendo making it worthwhile for us to observe the following w...
Posted by John K. Fulweiler | Feb 14, 2013 |
This evening John K. Fulweiler, Esq. lent his maritime experience in responding to inquiries from various media outlets regarding the m/v CARNIVAL TRIUMPH. This passenger vessel reportedly lost power and has had received national press attention. John was interviewed by two television evenings n...
Posted by John K. Fulweiler | Feb 07, 2013 |
Not paying a vessel's crew his or her wages is a lot different than, say, not paying someone who does work on your house. That is, an unpaid crew member has unique remedies available under the maritime law. Whether the crewmember worked aboard vessels in Rhode Island, New York, New Jersey or Flo...