Damaged – A personal injury action requires that four elements be present
Every few months I get a call from someone who, due to another's carelessness, had a very close call and was almost badly hurt. "I could have been killed", they tell me, and, and I'm getting the call because they want to sue. A personal injury action requires that...
Security – A client loaned an employee $15,000 to buy a truck.
A client loaned an employee $15,000 to buy a truck. The guy paid a few thousand. Then he quit the job. He quit paying the loan too. We’re suing him. Client says to me “The loan was for a truck, so we can grab the truck, right?” The loan was on a handshake. The only...
Liar, Liar
Pop quiz: In 2001 Martha Stewart’s stock broker told her to dump her shares of ImClone Systems, a high flying stock. He said the Food and Drug Administration was about to release bad news about a new ImClone drug, and the company owners were dumping their shares....
Mad as Hell
A few weeks ago I had a letter from a guy mad as hell about Maine's lobster apprenticeship program. I get emails and letters like that fairly often: Angry, grammatically suspect, and asking exactly the right questions. So I thought I'd respond here. Skip ahead if you...
What’s New in Maine Fish Law – 2016
Fisheries Laws – New Laws for 2016 The Maine Legislature has been busy figuring out ways to make your life better. Here are some of the new laws affecting the fisherman. Effective for the 2016 elver season, elver dealers will have to use a Dealer Transaction Card to...
Arrest of the Nova Star
Arrest of the Nova Star A few weeks ago Nova Star Cruises stopped paying its bills. The company ran a chartered 568 foot ferry, the Nova Star, between Portland and Halifax. Lienholders arrested the ship in Portland, and just a month later the action is nearly over....
Privileged
A trial is, in concept and often in fact, a mechanism for discovering the truth. Thus the bias of our evidence rules is toward full disclosure, no secrets. In some circumstances, however, we as a society have decided that a higher or different consideration trumps the...
Loss of the El Faro
The most poignant detail of the El Faro foundering was, to me, the bashed up lifeboat found floating. Lifeboats are strongly attached to their ships and are unlikely to break free even in very heavy weather, so it appears the crew tried to launch this lifeboat, in 130...
The Critical Clause
Everybody makes mistakes, but some mistakes are more serious than others. When I look back on twenty-seven years of counseling folks, the most serious common commercial mistake I see is a contractor getting in deep without a contract. This can be such a trap, because...
Crunch Time for a Maritime Lien
Crunch Time for a Maritime Lien A maritime lien gives a provider of fuel, repair services etc. an automatic lien on the ship to which the services were provided. The lien allows the provider to seize the ship in court and sell it in satisfaction of the lien and the...