John K. FulweilerJohn K. Fulweiler
John K. Fulweiler is a licensed mariner and experienced admiralty attorney. He represents individuals and companies throughout the East and Gulf Coasts and has recently taken command of his own maritime law firm. He enjoys navigating the choppy waters of the maritime law, but readily admits to missing life on the water. He can be reached at john@fulweilerlaw.com . His website is www.saltwaterlaw.com.

Blog Activity

No admiralty jurisdiction in shallow water injury

Defense attorneys that try to protect their client’s deep pockets will sometimes “remove” a case from state to federal court. Still, you need a jurisdictional basis to be in federal court before you can pull the removal lever. Defense attorneys that try to protect an insurer’s deep pockets (well, their client’s deep pockets) will sometimes “remove” a case from state to federal court.  Removal is a legal mechanism that flips a plaintiff’s lawsuit out of state court and into...

Checking arbitration’s seaworthiness

Arbitration is an option.  Arbitration, mediation and litigation sound like they hail from the same family, but they’re very different. Arbitration is a private forum that the parties have agreed to use to decide a dispute. An arbitrator’s decision is typically binding. Overturning an arbitration award is usually very difficult. A party considering arbitration should realize that an arbitration award is usually final. Generally, in arbitration the...

Of Pirates, NATO and a deceased owner

A Taiwanese citizen sued the U.S.A. for killing her husband and sinking his fishing vessel in connection with a NATO counter-piracy initiative.A Taiwanese citizen sued the U.S.A. for killing her husband and sinking his fishing vessel in connection with a NATO counter-piracy initiative. That is, her husband was a hostage aboard his vessel which had been overrun by pirates when in the midst of an engagement with NATO forces he was killed.  %Mid-Page-Ad% The trial court dismissed the...

Of hashish, customs and a ship captain

A U.S. captain used the legal system to wrest his vengeance on a Greek ship owner.  Here's a look at a wacky case that took place over 25 years ago. Even today, $700,000 is serious money. But it was probably more so in 1978 when an owner purchased a new Hinkley sailing vessel for an around the world cruise. Long story short, the vessel owner, who was Greek, hired a new American captain. Not long thereafter, the owner flew back to U.S. (with his girlfriend, the court can't resist...

Ship owner not immune from its medical staff

No doubt there's worried boardroom talk following the 11th Circuit Court of Appeal's decision declining to apply the Barbetta rule. No doubt that companies are worried following the 11th Circuit Court of Appeal's decision declining to apply what's referred to as the Barbetta rule. This rule has been used to shield ship owners from liability over acts by the ship's medical staff. Briefly, in Franza v. Royal Caribbean Cruises Ltd., a passenger aboard a cruise ship suffered a head injury and...

Stamps, coins and contract terms

A 2010 legal decision concerning coin and stamp collecting highlights the importance of understanding contractual forum termsA 2010 legal decision concerning coin and stamp collecting highlights the importance of understanding contractual forum terms. An older man signed a contract and assigned his coin and stamp collection to a company apparently for the purpose of selling it. A dispute arose, and the man filed suit. The defendants asked the court to dismiss the lawsuit based on a...

Ebola: Liability under the admiralty law?

Let's say a crewmember suffers a potential Ebola exposure while working and he's quarantined and thereafter found not to have the disease. Does a claim exist?You've got to work to separate the flotsam from the jetsam when it comes to the news media and no more so than their reporting on Ebola. Having said that, I don't want to add to the speculation, but I do want to briefly address liability in the context of crew diseases. Let's say a crewmember suffers a potential Ebola exposure while...

Protecting the sailor that speaks up

Did you know there’s a federal law called the “Seaman’s Protection Act” that is subtitled “Protection of seaman against discrimination”?There are a lot of admiralty attorneys out there who like defending the big guys. They like defending the big cruise line, the big conglomerate and the big insurer. Sure, everyone needs a defense but I don’t have the disposition for that work. Me? I like helping the maritime worker and the maritime business in pursuit of their rights. When a maritime...

Do you have to turn over the incident report?

Let me share a few thoughts on accident and investigative reports that will help prime the pump for your next sit down with admiralty counsel.Back when I was an associate attorney, I remember when a client would catch a partner off guard by asking a question that revealed that the client was savvy to the legal arena. I think they knew that when you let everyone know that this isn’t your first rodeo, you tend to get better performances out of the hired help. In that same spirit, let me...

How long does a party have to seek a remedy?

If a maritime worker sustains a latent injury that isn’t discovered until long after the incident that caused the injury, admiralty courts have applied the so-called “discovery rule.”Each of us at one time has discovered a bruise or a cut that we were certain wasn’t there the day before. Most of the time, these minor injuries are of little concern. That can change, however, when there is a serious injury that is a result of some exposure or event that occurred years earlier. Under these...