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Frederick B Goldsmith News

19 Nov 2010

“Immediately” Means Now!

U.S. By Frederick B. Most commercial mariners and their vessel operating employers probably know that when certain significant vessel-related events occur, these must be reported to the U.S. Coast Guard. In my experience, however, there is widespread uncertainty in the marine industry about what must be reported and, more significantly, when. Many companies learn the hard way about these requirements and end up paying healthy fines — anywhere from several hundred to thousands of dollars — for failing to “immediately,” as the regulations require, report such events.

16 Feb 2009

Law Firm Billing on Trial

E. Richard Ogrodowski

By E. Richard Ogrodowski and Frederick B. This means the plaintiff's lawyer only gets paid if the plaintiff wins, either through a settlement or judgment. The attorney's fee will be a percentage, typically between 33 and 40% of the recovery. With the U.S. and the international economy in a recession though, and with attendant tight corporate budgets, even corporate clients accustomed to paying by the billable hour are exploring alternatives to the traditional hourly fee. The billable hour is the most prevalent form of compensating outside defense counsel in civil litigation.

30 Oct 2002

"What Your Lawyer Will Tell You After a Barge Breakaway"

Under the general maritime law, a vessel owner has a duty to furnish a seaworthy vessel. A seaworthy vessel is one which is reasonably fit to carry the cargo it has undertaken to transport. II. Initially, a towboat operator has a duty to properly moor the barges it delivers, and breach of that duty imposes liability on the party delivering a vessel to the fleeter. When a towboat moors an unmanned barge or barges and those barges drift away from their moorings within a short time thereafter, there is a presumption of fault against the mooring vessel which shifts the burden of proof to the mooring vessel to show that it exercised due care. III. A terminal operator's duty to exercise reasonable care includes periodically inspecting barges in its custody.