Posted by John K. Fulweiler | Jan 30, 2013 |
There's an incredible amount of self-serving legislative activity in this Country that's just not appreciated by its citizens. I tripped over what I believe is a good maritime example of this behind-the-curtain activity in the context of the seaman's wage penalty statute.
Unpaid (or late paid)...
Posted by John K. Fulweiler | Jan 19, 2013 |
Rhode Island boaters, did you know that . . .
R.I. DEM Officers can stop and board your boat?
If born after January 1, 1986, you must pass an approved boater education course?
Children under 13 years old on a boat less than 65' must wear a PFD while underway?
All Rhode Island waters hav...
Posted by John K. Fulweiler | Jan 13, 2013 |
Maritime litigation is the prosecution or defense of an admiralty claim. When it comes to the trial, however, there are so many variables at play in the courtroom that it can be difficult to understand whether your maritime claim or defense is succeeding. Whatever the case, you might want to con...
Posted by John K. Fulweiler | Jan 11, 2013 |
Ferries are commercial vessels, too. They suffer the same indignities as their workboat brethren and are largely treated by the maritime law like any other commercial vessel. No matter its stripes, when a commercial vessel is involved in a casualty, such as the recent hard landing of a New York ...
Posted by John K. Fulweiler | Jan 09, 2013 |
Maybe you were a passenger on a cruise ship, dinner boat, harbor launch, ferry or your neighbor's Catalina 30 sailing vessel. And maybe in your capacity as a passenger you were injured, sickened, or frightened for your life. Maybe the passage you paid for wasn't delivered. Maybe your luggage was...
Posted by John K. Fulweiler | Jan 08, 2013 |
Although many think of boating as the lawless West of old, it's not. The Code of Federal Regulations imposes various duties on vessel operators in the context of marine incidents including the duty to report the event. 33 C.F.R. § 173.55 speaks to Casualty and Accident Reporting. When this regul...
Posted by John K. Fulweiler | Jan 07, 2013 |
In a somewhat recent maritime law decision, three fishermen set sail aboard a fishing boat. Apparently, there was no written agreement memorializing the terms of their maritime employment. It seemed that the voyage was successful and the boat returned to port with a mess of scallops that ultimat...
Posted by John K. Fulweiler | Jan 04, 2013 |
Here, we keep it light with five maritime moments that get me grinning.
1. "Hop down to the engine room and get me a can of that bulkhead remover." I've seen this line executed well exactly once and it had us all heaving with laughter.
2. The video of an old salt heeling his sailboat over so...
Posted by John K. Fulweiler | Jan 03, 2013 |
1. "Just nod or shake your head in response to deposition questions." A deposition is a question and answer session conducted under oath. A court reporter takes down everything the witness says and grunts, head movements, and hand gestures just don't translate well to paper.
2. "I didn't tell ...
Posted by John K. Fulweiler | Dec 27, 2012 |
Maritime law has lots of things that aren't well known; secrets of sorts. In a series of blog posts we title the "Did-You-Know" series, we'll lift the deck hatches and expose the nitty-gritty of the general maritime law in a fun and informative way. (Of course, this is for FUN and it's conveyed ...
Posted by John K. Fulweiler | Dec 22, 2012 |
With fourteen years of legal seas under this hull, I've developed a sense as to some behaviors which I believe may invite lawsuits. These observations are personal to me and you may disagree.
1. Ignore a claim. It's like that rain dance, they did it once and the claim went away, but that doesn...
Posted by John K. Fulweiler | Dec 21, 2012 |
Here are five considerations you might give when it comes to attorney fee arrangements. This isn't about getting a better deal this is about trying to get a fee arrangement that best fits your financial and legal situation. Lawyering is a lot harder than it may sometimes look and attorney fees a...
Posted by John K. Fulweiler | Dec 20, 2012 |
I practice maritime law and refer to myself as a “maritime attorney” or a "boat lawyer," and why not?
In a sea of lawyers, my practice evolved from having worked in the maritime industry before law school and it's all I do. Of course, when you label yourself a maritime attorney you get all kin...
Posted by John K. Fulweiler | Dec 17, 2012 |
John K. Fulweiler, Esq. is a boat lawyer handling personal injury claims arising from both commercial and recreational boating activities in Rhode Island and on the East and Gulf Coasts. John handles boating accident lawsuits and possesses experience litigating boating injury claims. John holds ...
Posted by John K. Fulweiler | Dec 17, 2012 |
John K. Fulweiler, Esq. is a boat lawyer. He holds a United States Coast Guard license allowing him to operate boats in Rhode Island and Florida commercially. He practices boat law in various jurisdictions and maintains an office in the State of Rhode Island. In fact, John K. Fulweiler, Esq. doe...
Posted by John K. Fulweiler | Dec 17, 2012 |
Quonset Point, RI. Today, reports are filtering out of a cargo ship that recently assisted a yacht reportedly with an ill crewmember. You can see a picture of what is believed to be the cargo ship by clicking HERE In our next blog entry, we'll take a look at the obligations imposed on a vessel t...
Posted by John K. Fulweiler | Dec 15, 2012 |
John K. Fulweiler, Esq. is a Rhode Island boat attorney. In addition, he holds a United States Coast Guard license allowing him to operate boats commercially in Rhode Island and Florida. He practices boat law in various jurisdictions and maintains an office in the State of Rhode Island. In fact,...
Posted by John K. Fulweiler | Dec 13, 2012 |
Maritime cases are fragile things requiring attention and encouragement. There are many ways to lose an admiralty lawsuit because the voyage from that first client meeting to a safe harbor is long one. Sometimes the waters are flat and the passage is easy, other times you take a beating. It's th...
Posted by John K. Fulweiler | Dec 08, 2012 |
Self-help. You hear references to this concept a lot in some circles. They're audio tapes, DVD's and online videos that promise to get you back on track, make money, lose weight, etc. But, I'm not talking about that stuff.
I'm talking about self-help in maritime law. I'm talking about where wi...
Posted by John K. Fulweiler | Dec 06, 2012 |
Quonset Point, Rhode Island. Don't let anyone tell you that working on and around the water isn't dangerous. Case in point is the recent death of a Massachusetts lobsterman. Apparently he failed to navigate the transition between two vessels, fell into the seawater and drowned. The ocean is a dy...
Posted by John K. Fulweiler | Dec 03, 2012 |
Somewhere south of the Mason-Dixon Line, a court recently dismissed a maritime personal injury claim.
I read court decisions because they're sort of like Coast Guard navigation circulars. It's a way of refreshing your knowledge on what to do and what not to do when navigating a claim. I like t...
Posted by John K. Fulweiler | Nov 30, 2012 |
What with Hurricane Sandy having come knocking earlier this Fall, it occurred to me that I ought to say a few words about the National Weather Service's new hurricane scale.
This new scale is called the “Saffir-Simpson Hurricane Wind Scale," and as I understand things, with this scale the five...
Posted by John K. Fulweiler | Nov 22, 2012 |
Buying a policy of marine insurance is about hedging against risk. You're paying some money up front to limit the possibility of a downstream event that may or may not occur. The boat might never sink, a guest might never fall overboard and you might never strike another vessel, but that burble ...
Posted by John K. Fulweiler | Nov 20, 2012 |
Hurricanes tend to give rise to case law and in poking around I found just such an appellate decision from earlier this year.
The issue that caught my eye related to the Pennsylvania Rule. Under this judge-created rule, if a vessel involved in a collision is in violation of a statutory rule de...
Posted by John K. Fulweiler | Nov 19, 2012 |
Quonset Point, Rhode Island. The Providence Business News reported today that maritime attorney John K. Fulweiler, Esq. assumed the Chairmanship of the American Salvage Association's Membership Committee. (Read their article by clicking HERE.) The Providence Business News is a weekly business ne...