Practice

Maritime Claims and Litigation

We are available 24/7 to respond to the scene of maritime incidents involving personal injury and death of passengers or crew, oil pollution, and property damage—such as barge breakaways, sinkings, collisions, and allisions. We are experienced in gathering evidence, obtaining witness statements, and interfacing with Coast Guard and other state and federal officials.

We are familiar with commercial and recreational vessel operations on the Western Rivers and Great Lakes, and the unique laws and regulations which govern these operations and resultant claims and lawsuits. We are experienced in defending, in state and federal courts, claims and suits brought by crewmen, passengers, and third parties under the Jones Act and the general maritime law—including claims of unseaworthiness, maintenance and cure, and negligence, and also claims brought under the U.S. Longshore & Harbor Workers Compensation Act.

We are versed in the nautical Rules of the Road and unique maritime law presumptions and defenses which apply in commercial and recreational vessel claims and suits, including the Vessel Owners’ Limitation of Liability Act.

We handle vessel arrest and attachment litigation, and have represented maritime lienholders, vessel owners, and substitute custodians in perfecting liens, securing judgments, securing the release of vessels, and recovering custodia legis fees.

Marine and Commercial Insurance Coverage Opinions and Litigation

We are familiar with the terms and conditions common in ocean and inland marine, commercial property, general liability, and auto insurance policies, and the unique admiralty, maritime, and other state and federal laws, rules, regulations, and presumptions governing the construction and interpretation of these policies. We represent insurers and policyholders in coverage disputes and litigation involving Protection & Indemnity, Hull & Machinery, Yacht, Charterers, Marine Employers Liability, Marine General Liability, Wharfingers, Terminal Operators, Stevedores, Ship Repairers, Marina Operators, Cargo, Oil Pollution, CGL, Commercial Auto, and other common policy forms.

Maritime and Non-Maritime Contract Preparation and Negotiation

We are experienced in drafting, enhancing, and negotiating agreements for vessel, shipyard, and marine terminal and facility operations, including vessel construction, drydocking, repair, fleeting & shifting, towage, and charter. We perform similar services for non-maritime businesses.  We are particularly familiar with the nuances of critical indemnity and insurance provisions.

Maritime Administrative Proceedings

We are experienced in the laws, rules, and regulations governing practice before federal agencies including the U.S. Coast Guard, the Federal Maritime Commission, and the U.S. Bureau of Customs & Border Protection. Clients call upon us for representation in Natural Resource Damage Pre-Assessments and Assessments, Civil Penalty actions, license Suspension & Revocation proceedings, litigation under the Shipping Act of 1984, and claims for foreign vessel repair duty refunds.

We are familiar with the procedures and paperwork of, and laws and regulations enforced by, the U.S. Bureau of Customs and Border Protection and the U.S. Coast Guard, including the Coast Guard’s National Vessel Documentation Center and National Pollution Funds Center.  We assist vessel operators with filing Notices of Claim of Lien, documenting vessels, complying with the cabotage provisions of the Jones Act (including the Bowater Amendment), and meeting the Certificate of Financial Responsibility (COFR) requirements of the Oil Pollution Act of 1990 and its implementing regulations.

Business Formation

Entrepreneurs, established businesses, and nonprofit associations turn to us to counsel them on choice of business entity, formation of the entity, including filings with the Secretary of State, and to draft and refine their bylaws and operating agreements.

Personal Injury Litigation

We litigate, in state and federal courts, cases involving maritime and non-maritime personal injury and death, arising from workplace and other accidents, product liability, and toxic torts.

Commercial Litigation

We litigate, in state and federal courts, claims ranging from breach of contract, to business torts, to collection of judgments.

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