Скачать или смотреть Vessel Arrests, Seizures, and Maritime Liens Under Admiralty Law | BoatLaw, LLP

BoatLaw, LLP Partner Doug Williams dives deeper into the subject of vessel arrests, seizures, and maritime liens.
Our law firm proudly serves clients up and down the West Coast of the U.S.A., including in Washington, Oregon, California, and Alaska. Call 1-800-BOATLAW today for more information.

Transcription:
Vessel arrests are a unique feature of United States admiralty law a vessel may be sued in rem just like a person or a company might be vessels may only be sued in federal courts sitting in admiralty in the federal admiralty rules will apply and under the Court's Admiral jurisdiction there is no jury there are certainly benefits of a vessel arrest an injured Seaman's claims for unseaworthiness are maintenance and cure can give rise to a maritime lien the injured seamen with an unseaworthiness and maintenance and cure claim has a maritime lien that may be perfected through litigation in the federal courts by invoking rule C of the supplemental admiralty rules to the federal rules of civil procedure the seaman petitioner files a verified complaint in federal court establishing his right to a maritime lien for the claims for unseaworthiness, wages and maintenance and cure the petitioner also files in connection with that complaint a motion for issuance of an arrest warrant if the federal judge is satisfied the maritime law arises based on the complaint the judge will issue a warrant for the arrest of the vessel the maritime practitioner then takes that arrest warrant to the Federal Marshals and the marshals will go down to the docks and Seize The Vessel the injured Seaman now has collateral securing its Maritime claims for unseaworthiness and maintenance and cure once the defendant learns that the vessel has been arrested if they are able to post a bond they may do so and the vessel will be released but the seaman now has a bond in the Court's registry available to satisfy any claims arising from the maintenance and cure and unseaworthiness that were set forth in the verified complaint once the vessel is arrested the litigation proceeds and if the defendants are unable to produce adequate security for the release of the vessel a trial is then had in which the seaman perfects the maritime liens and then the vessel may be sold at a Marshall's sale and the Seaman May recover his personal injury damages from the proceeds from the sale of the vessel vessel arrests are a powerful weapon in the Seaman's arsenal of claims an irresponsible vessel owner may have his vessel arrested if it has failed to provide insurance for the crew

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