Useful Legal Links

This page updated 09/04/07

Admiralty Law - Searchable Federal Statutes and Code of Federal Regulations applicable to boating and shipping.

Admiralty and Maritime Law Guide - The site was created by Todd Kenyon but is several years out of date with respect to the court decisions. However the links to other maritime sites is still valuable.

Americans with Disability Act Application  -  The Supreme Court has ruled that the ADA does apply to foreign vessels carrying passengers from US port.

Bare Boat Charters -  This will take you to a page with a number of links to articles on how the Coast Guard determines what is a bare boat charter.

Code of Federal Regulations (CFR) - Online CFR which is searchable by keyword at this National Archives and Records Administration site.

Congressional Bills - Summaries and text of bills pending or passed in Congress. Searchable from 93 Congress to present..

Congressional Record  - 1995 to current. 

Cruise Lines International - A site includes the Cruise Industry Policies and resources.

Daubert v Merrel Dow Pharmaceutical 113 S.Ct 2786; 125 L. Ed.2d 469 (1993) - The landmark decision by the Supreme Court that made trial judges the "gatekeepers" on admissibility of scientific expert testimony. See Kumho below.

Document Center - the home of standards. This source can supply any standard available on practically any subject. It has online search capability and will provide the price and availability of the standards you select. You can order them online without leaving the site.

Escort Tugs/COLREGS - An overtaking tanker ran down its escort tug. The 9th Circuit Court of Appeals in a case of first impression reversed the District Court's holding that Rule 2, Special Circumstances applied, and held that the tanker violated rules 8 and 15. The Circuit Courts finding were consistent with Captain Greiner's expert testimony on behalf of the tug. A case note by Alan Weigel, of Healy & Baillie can be read by clicking HERE

Evidence and Expert Testimony - This is a link to a page with references to rules, court decisions and comments on evidence and the expert witness 

Expert Testimony - This matter had been twice before heard by the 3rd Circuit, see Calhoun v. Yamaha Motor Corp., U.S.A., 40 F.3d 622 (3d Cir. 1994); Calhoun v. Yamaha Motor Corp., U.S.A., 216 F.3d 338 (3d Cir. 2000), and also before the Supreme Court, see Yamaha Motor Corp., U.S.A. v. Calhoun, 516 U.S 199 (1996),. In what I believe is the final chapter of this case, the 3rd Circuit addressed the limitations the District Court placed on the experts testimony. The defendant's judgment was upheld after it was found there was no abuse of discretion by the trial court.

Federal Courts of Appeals - Access to the decisions of the Federal Courts of Appeal.

Federal Government - access to many federal sources of information, including the National Technical Information Service.

Federal Government - A new site for access to all Federal and State agencies. Has a search function.

Federal Register  - Review proposed regulations and final regulations published in the Federal Register. Background and rational is often given in comments.

Federal Bills, USC, Congressional Record  - The Government Printing Office. Searchable and retrievable issues of the Congressional Record, pending bills, the US Code and other information.

Federal Rules of Evidence - The Federal Rules of Evidence (see 700 series on expert witnesses), and governmental agencies.

Federal web locator - access to many federal sources of information, including Senate and House members.

Fishing Vessel Agreement with Crew - The U.S. Court of Appeals for the First Circuit ruled that Congress changed the default wage statute when it codified portions of Title 46, U.S. Code in 1983, and decided to enforce the literal provisions of the current statute and allow the fishermen to recover damages under the default wage statute.  Doyle v. Huntress, Inc., No. 04-1242 (1st Cir., August 12, 2005).

Forum selection clause in the passenger ticket found valid.  Reynolds-Naughton v. Norwegian Cruise Line Limited, No. 04-1183 (1st Cir., September 14, 2004).

Hurd v U. S.   (In PDF format) The Fourth Circuit in an unpublished decision upheld the District Court opinion holding the Coast Guard at fault in the Morning Dew wreck for negligent S&R response. U. S. has indicated no further appeal and will pay $21 million.

Journal of Maritime Law and Commerce

Kumho Tire v Carmichael- 526 U.S. 137 (1999) -Expanding on its ruling six years ago in Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579, the Kumho court, led by Justice Stephen G. Breyer, added that trial courts are gatekeepers for the admissibility of all expert testimony and that the four factors to consider set for in Daubert were not exclusive. See Daubert above and Expert Qualification above for additional information.

The Legal Guru. This extensive homepage is the grand daddy of all legal home pages. The attorney who put it together has created many section including one on sexual harassment which may be of interest. One of the most important features is the carefully assembly more than 340+ legal related search engines into a "gigantic" metaindex search tool. These are not just links to the search engines but the actual search forms for each engine. It is a great tool for legal research allowing you to access for free much of what major commercial service still charge lots of money for.

Legal Resources - University of Southern California list of legal sources on Internet.

Limitation of Liability -  Cape Fear v Martin. Fishing vessel carried too many crab traps in violation of stability letter. Owner held to have known and the First Circuit Court of Appeals held that owner could not limit his liability.

Maritime Cargo Law by Professor Tetley  - An excellent resource on Cargo Claims and U. S. Carriage of Goods at Sea Act, 1999;

Maritime Law Research - Georgetown University's School of Law starting point for maritime law research

OSHA Regulations - OSHA's homepage with access to regulations, standards, technical information and more.

Pennsylvania Rule Not Applicable to Jones Act Personal Injury Cases

Regulations, Proposed - This is a list of proposes rules by the various agencies of the government. Select Coast Guard for their proposals, and click on "expanded view" for additional information. Periodic checks of this site will keep you abreast of new regulatory proposals

Rules of Civil Procedure - These are the rules which govern proceedings leading up to and in a civil trial. With regard to witness testimony including experts, Rules 26 through 37 in section V, DEPOSITIONS AND DISCOVERY are particularly important.

Ship Law - A dramatic display and wide collection of links and resources relating to admiralty and maritime law. Published by Phillip E. Weiss, Esq., of Kaye Rose and Partners law firm in San Diego, California.

Suspension and Revocation Decisions - This site provides a searchable database of maritime license and document actions involving Commandant's Decisions on Appeal, National Transportation Decisions, and Reviews (actions by the Commandant on his own motion without appeal).

Supreme and Appellant Federal Court Decisions - Decisions of the Supreme Court 1990 through current; Appellant 1995-1996. Includes a searchable index.

Tug held not liable for employees injury on non-owned tug - In a short unpublished decision, the U.S. Court of Appeals for the Fifth Circuit ruled that a towing company is not liable for personal injuries caused by any unseaworthiness of a barge being towed by the company where the towing company does not own the barge.  In the instant case, an employee of the towing company was injured when he slipped on ice on the barge.  The employee sued his employer, alleging unseaworthiness.  The court held that, under a contract for towage, the towing company does not become the owner pro hac vice of the barge.  Coakley v. SeaRiver Maritime, Inc., No. 04-30569 (5th Cir., July 18, 2005).

U.S. Code -  Statutes of the United States

Vessel in Navigation  - A February 22, 2005 decision by the Supreme Court changed the guidelines in determining what is a "vessel in navigation" when addressing seaman's status. If a watercraft is capable of navigation or transportation (even if only by towage), at any time at all, it is a "vessel in navigation."

Wrongful Death; Application of Federal and State Law in Near-Shore  -  The U.S. Court of Appeals for the Third Circuit has determined that both federal and state law are to be applied to a near-shore wrongful death action involving a non-seaman. In 1996, the U.S. Supreme Court held that plaintiffs could assert a cause of action based upon a state wrongful death or survival statute in such case where the death occurred in U.S. territorial waters. In the instant case, the death, which happened while the person was riding a jet ski, occurred in Puerto Rico. The deceased (a minor) and her parents were residents of Pennsylvania. As a result of the death, the parents sued the manufacturer of the jet ski. In answering the two major legal issues left undecided by the Supreme Court, the intermediate court has ruled that federal maritime law must be used to determine liability. Compensatory damages are to be determined under the law of the state of the residency of deceased. Punitive damages are to be determined under the law of the state of the situs of the death. Calhoun v. Yamaha Motor Corp., U.S.A., 216 F.3d 338 (3d Cir. 2000).