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...
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...