Pacific Maritime Magazine - Marine Business for the Operations Sector

Maritime Law

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Don't Do That!

Every once in a while, but hopefully not too often, a new case comes into the law office that makes the lawyer want to turn back time and advise the client: “don’t do that.” Unfortunately, the... Full story

 

A Mutual Fault Collision – Who Pays What?

After reading a news story about two ships that collided miles off the Japanese coast with significant damage and loss of life, my brother wrote to me: “How the hell do two ships collide at sea?”... Full story

 

Rough Seas

Judges who have spent significant time at sea are few and far between. Nonetheless, they set high standards for seafarers and the carriers who employ them. Because of these high standards, judges do... Full story

 

In the Beginning

In response to Golden Oldies (Pacific Maritime Magazine, March 2017), a reader asked how admiralty lawyers find old cases. She imagined law clerks digging through dusty books. That was the old... Full story

 

Golden Oldies

Most non-maritime lawyers like to direct the court’s attention to the most recent case on a point of law. Most maritime lawyers like to take a different approach. They prefer to direct the... Full story

 

Captain's Orders

I have been lucky in my career to have represented vessel owner clients whose masters have acted in a non-negligent manner when commanding their vessels. Other lawyers have not been so lucky, as thous... Full story

 

Pay Attention!

Accidents and injuries happen on vessels. Sometimes the vessel owner is to blame for being negligent or having an unseaworthy vessel. However, compensation for an injury on a vessel may be denied if... Full story

 

A Broken Promise

Many marine insurance policies contain warranties. A warranty can be described in one word: promise. It can be a promise by the insured that he will do something. It can be a promise by the insured... Full story

 

Silence is Not Golden

In many elementary schools, teachers post the motto “Silence is Golden” on the bulletin board to help students remember they should be quiet in class. In the maritime context, however, the motto... Full story

 

The Court Is Always Open - Sometimes

Most admiralty lawyers learn early in their careers that the federal courts are always supposed to be open even though the sign on the front door says “Mon-Fri 9-5”. That is because vessels are... Full story

 

Damages Not to be Overlooked

In addition to loss of use damages (Pacific Maritime Magazine November 2015) there are other types of damages in maritime cases that to some are illogical if not unfair. However, when a maritime... Full story

 

Loss of Use Damages: Recoverable or Not?

When a vessel is lost or damaged, the amount recoverable under admiralty law from the party causing the loss or damage may be quite different from what one might expect, particularly with respect to... Full story

 

OOPS!

How hard can it be to pull a floating object on water with a powered boat? Many towing companies have learned the hard way that it is not as easy as it might appear. A Towing Company’s Liability... Full story

 

Rescue at Sea

Lately there have been several stories in the news about refugees in overloaded boats on the high seas. There have also been stories about mariners adrift in disabled vessels. Whether the master of... Full story

 

Admiralty in the US Supreme Court, or Not

The US Supreme Court is in the news nearly every day. But not for having decided an admiralty case. Lately, it has been a rare occurrence for that court to decide an admiralty case. There is no... Full story

 

Congestion – of the Port Variety

For several months, West Coast ports have suffered work slowdowns. Carriers and cargo owners have attributed the resulting port congestion to the longshore union’s strategy in negotiating a new... Full story

 

What Happened?

Sometimes courts render decisions that at first seem unfair or perhaps illogical. When given further consideration however, the decisions were usually the right ones. This column reviews two cases... Full story

 

Finders, but Not Keepers

The ditty “finders keepers, losers weepers” may apply in a schoolyard, but it does not apply at sea. A person finding and salvaging a vessel at sea may not keep it. However, he is entitled to... Full story

 

Some Mar. Abbrv. Defined

Today’s modern communication methods, including those allowing a limited number of characters in a message, have prompted the frequent use of abbreviations, for example, BTW and OMG. Internationally... Full story

 

Maritime Law, Quirky Or Not?

Many non-admiralty lawyers and judges have characterized maritime law as “quirky”. On the surface, it may appear that way. But if the truth be known, maritime law makes perfect sense. This column... Full story

 

No Secrets Allowed

It may not come as a surprise to some, but many people continue to believe it is acceptable, if not desirable, to withhold information when applying for marine insurance. It is neither. Indeed,... Full story

 

Maritime Law: Sound Off!

Who doesn’t like to walk by a harbor and listen to the cacophony of sounds coming from the vessels passing by? Like the lights on a vessel, the various sounds coming from a vessel’s bell,... Full story

 

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