James P Nader News

James P. Nader & Joseph A. The hazards of maritime work and the perils of the sea in which seamen are forced to work are all too familiar. Admiralty courts have always served as protector of the seamen's welfare. In fact, no other employee in our society has such powerful weapons in their arsenal for relief in response to a work related accident. However, passengers, invitees, and guests aboard a ship are not entitled to the protection of the warranty of seaworthiness. The doctrine of seaworthines's incorporation into maritime law occurred in 1903 with the U.S. Supreme Court case, The Osceloa. The Supreme Court held that ship owners owe a duty to seamen to provide a seaworthy vessel.

By James P. Nader & Joseph A. Collision law can be traced back to ancient Roman times and developed further during the industrial revolution in England. In more modern times there have been numerous efforts by the international community to establish a uniform set of guidelines and rules governing safety at sea. Some of the navigational rules which have developed include the use of light and sound signals, radar, speed regulations, lookouts and observance of standards of good seamanship. General customs of navigation are also an important consideration, but do not carry the weight of the rule of law. If a general and even widely accepted custom is contrary to the law it will not be enforced.

By James P. Nader, Esq. Joseph A. Poblick, Esq. It is common in today's litigious environment for businesses to attempt to limit their liability through contracts. Courts have struggled with the "boilerplate" language used in many contracts today. This is true even in the admiralty and maritime world. Although lawsuits involving maritime injuries generally must be filed within three years, passenger vessels such as ferries and cruise ships may stipulate a shorter time frame. Federal maritime law allows a passenger vessel to limit its liability to lawsuits which are filed within one year of the accident. Passenger vessels may stipulate time limitations for filing claims and commencing lawsuits on their tickets.

By James P. Nader & Joseph A. Once again we take that familiar voyage know as "determining seaman status." No matter how familiar the voyage there are always changes in the currents which guide your path. Seaman status is important because only a seaman may receive maintenance and cure, and pursue a claim for Jones Act negligence or unseaworthiness. The basic requirements for seaman status are well established in maritime law. In order to qualify as a seaman under the Jones Act, a person's employment duties must contribute to the mission of the vessel and be connected to an identifiable group of vessels in navigation. The United States Supreme Court has held that seaman status should be determined by the specific facts of each case.

A Review of Recent Developments with the Americans with Disabilities Act's Requirements for U.S. By James P. Nader & Rudolph F. Douglas Spector and Tammy Stevens presumably do not know each other, but they have a lot in common. Approximately five years ago, both Spector and Stevens boarded cruise ships out of major ports in the southern United States. Both Spector and Stevens, who are wheel-chair bound, believed their respective cruise ships discriminated against them as disabled passengers. Both individuals filed suit in federal courts alleging violations of the Americans with Disabilities Act. Despite the similarities in their lawsuits, these two federal courts reached completely opposite results.

By James P. Nader & Rudolph F. An occupational study estimates that the number of commercial diving positions nationwide will grow to an anticipated total of 5,000 positions over the next decade. For the uninitiated, the focus of these commercial divers spans the gamut from extensive inspection of hulls and pipelines to the construction and repair of underwater structures to the demolition and removal of underwater obstacles, and onwards to the search and rescue of people and missing objects. While the commercial diving industry is certainly diverse, every diver shares a certain level of risk of injury when entering the water. Therefore…