Maritime/Admiralty Litigation

What is Maritime Litigation?
Maritime litigation involves the interpretation of maritime law, which is also referred to as admiralty law. Maritime law is a group of laws, treaties, and conventions that govern a variety of nautical matters including maritime business agreements, shipping and lading, and criminal and civil offenses that occur on open water. Maritime or admiralty law also regulates more practical water-based matters including boat registration and licensure, maritime inspections, maritime liability and cargo insurance, shipping procedures, shipping contracts, and more.

 

While maritime law governs based on similar conventions to land laws, it is a completely separate code of laws that any business or individual needs to understand if they are operating in any way on open water. Some specific maritime matters governed by maritime law include:

 

• Maritime injuries including slip and falls, falling overboard, being struck by a falling or moving object, and more
• Limitation of Ship-owners Liability
• Salvage Cases
• On-vessel arrests
• Petitory and Possession Actions
• And more…

 

In many cases, especially when dealing with complex maritime issues, it may be worth it to bring the specific matter to court via a specialized maritime attorney. Contact Conrad & Scherer’s Fort Lauderdale maritime law attorneys for a confidential consultation to help you navigate the complex maritime legal environment.

 

Maritime Litigation in Fort Lauderdale
South Florida, and specifically Fort Lauderdale, is among the maritime capitals of the United States and the world. As a result, more maritime cases are presented in the greater South Florida region than many other places in the United States. It is critical to partner with a maritime attorney team that possesses the skills, experience, and resources required to litigate these specialized cases. Common maritime law cases in South Florida can be broken down into three main categories:

 

• Maritime personal injury
• Cruise ship accidents
• Marine vessel purchases and sales

 

Fort Lauderdale Marine Personal Injury
Injuries that occur in the open ocean or on another body of water can be very frightening, as these injuries occur in an isolated environment but often require immediate medical attention. If you do experience a severe injury during a commercial or personal maritime activity, you will likely want or need to seek financial indemnification for your pain and suffering along with any medical expenses incurred as a result. However, it is important to understand how being injured in a marine environment as opposed to being injured on land can affect your potential personal injury case.

 

If you do become injured in a maritime environment, you must approach the legal circumstances using a unique analysis compared to the legal analysis you would perform if you were injured on land. For instance, you must first determine if maritime jurisdiction applies, and if so, how it may affect the legal liability and/or ability to recover damages. Furthermore, if the incident occurred during a commercial maritime event, you may be bound by the governing state’s Worker’s Compensation law.

 

Your unique maritime circumstances will likely have some impact on your ability to recover damages and the amount that you are able to recover, so it is important to consult a firm with maritime experience prior to pursuing your case. The attorneys at Conrad & Scherer in Fort Lauderdale, Florida have several decades of combined experience litigating maritime personal injury cases. Conrad & Scherer’s maritime attorneys’ experience with marine personal injury claims can help identify nuances and remedy issues that attorneys without extensive maritime experience may miss.

 

Trust Conrad & Scherer’s Experienced Maritime Attorneys
Conrad & Scherer’s maritime attorneys have been serving Fort Lauderdale and the greater South Florida community for more than 45 years. Our diverse team has vast experience litigating large, small, complex, and simple maritime law cases across the entire state of Florida and beyond. Conrad & Scherer also operates offices in several other states including New York and North Carolina, and our firm also operates an office in Quito, Ecuador. If you, a close relative, or friend needs legal advice or representation for a maritime or admiralty legal matter, call the professional attorneys at Conrad & Scherer today. Our team of experienced attorneys will guide you and help find the most favorable outcome for your specific set of circumstances.

  • RUSSELL R. O’BRIEN
    AREAS OF PRACTICE
    BIO
    RUSSELL R. O’BRIEN
    Partner
    RUSSELL R. O’BRIEN
    EDUCATION
    • University of Miami School of Law, Juris Doctor, magna cum laude, 2010
    • University of California at Berkeley, Bachelor of Arts
    BAR ADMISSIONS
    • Florida Bar, 2010
    • United States District Court for the Southern District of Florida
    • United States District Court for the Middle District of Florida

     

    BIOGRAPHY:

    Russell O’Brien is a Partner in the Firm’s Fort Lauderdale office and concentrates his practice on contract disputes, securities litigation, fraud (misrepresentation, inducement, transfers, aiding and abetting and conspiracy), fiduciary relationships and business torts, shareholder disputes (direct and derivative), and class action defense. He also has experience in admiralty law, including vessel acquisitions and sales, vessel refurbishment and repair, vessel charter, and foreclosing and defending against necessaries liens and first preferred ship mortgages.

    Russell is the Firm’s Administrative Partner and manages the Firm’s eDiscovery department. He regularly advises corporate clients regarding eDiscovery planning and protocols, e-Retention, and litigation concerning eDiscovery disputes.

    Russell has represented Fortune 500 companies, small businesses and individuals in both jury and bench trials, and has wide-ranging courtroom experience in both state and federal court. Prior to joining Conrad & Scherer, Mr. O’Brien practiced at an AM 100 law firm, primarily representing financial institutions in class action litigation.

    Community Involvement/Affiliations
    • Broward County Bar Association
    • 17th Judicial Circuit Grievance Committee Member, since 2018
    Notable Experience
    • Represented jet engine manufacturer in breach of lease claim and obtained prejudgment writ of attachment on commercial aircraft
    • Appeared before SEC for extensive attorney proffers and client interview in connection with violations of Rule 10b of the Exchange Act
    • Represented company in jury trial for breach of yacht charter management agreement and fines incurred while yacht was in French waters
    • Represented South American business and individuals in cross-border dispute, including challenges to personal jurisdiction and service of process issues under Peruvian law
    • Defended multiple insurance companies in class actions in connection with Florida’s No-Fault insurance statute, including negotiating settlement, final fairness hearings, and issues regarding notice to class members
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