The Salty Barrister

You're a boater, right? You know a bow from a stern, a bilge from a scupper, a cleat from . . . you get the idea. But, indulge me, what'd be like if you didn't? If you stepped on your boat, bright eyed and without a wit of knowledge, how the hell would you feel? A bit lost, eh? That's why in a world of increasing intricacy, I continue to sign onto the mantra of well-roundedness and that, friends, means knowing a little about a lot. Enough to get you around is how you might think of it. Conversational knowledge. In that vein, store away these nuggets on the law in the event you find yourself caught up in a maritime maelstrom.

When a maritime lawsuit is filed in federal court, a defendant usually has twenty days by which to respond. You can typically respond with an Answer (responding to Plaintiff's assertions and setting out affirmative defenses), a Motion to Dismiss (seeking to extinguish the lawsuit on the basis of, say, it being barred by the statute of limitations), or some other application to the Court such as a motion seeking additional time to respond or a motion seeking a more definite statement (seeking clarification from Plaintiff as to what it's asserting.)

An admiralty lawsuit that names a vessel as a defendant must be "verified" meaning that the plaintiff (the party bringing the lawsuit) must sign a statement attesting to the truthfulness of the allegations contained therein.

Maritime arbitration is a forum in which you resolve a dispute outside the judicial system. The arbitration process will attempt to resolve issues of fact and law, and the outcome is almost always binding. On the other hand, a maritime mediation is like a settlement conference in that the goal is to reach an amicable resolution rather than resolve issues of fact and law.

A "motion" is an application to a court seeking some kind of relief. Motion papers usually consist of a Notice of Motion, Memorandum of Law, and accompanying witness declarations. An opposing party will have an opportunity to oppose the motion.

Don't ask me whether you'll be sued. From what I've seen, getting a suit filed is a pretty low threshold. The question you should be asking is: "If a lawsuit is filed, who will prevail and what are my claims and defenses?"

Absent a specific contract term or specific law, my bet is that you'll almost never recover your attorneys' fees and costs. If you can demonstrate bad faith (an arguably high standard), a Court sitting in admiralty may award you fees and costs.

Underway and making way.

--- JKF

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