The big question here is under what authority the state took possession of the subject vessel. Was there a judgment against her or her owners? If it is a safety issue, the USCG must have been involved at some stage, assuming this vessel is US flag. If you have the underlying State Court documents this would be helpful, as there does not appear to be a federal action naming this vessel.
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Such a conflict is difficult to imagine, but yes, maritime law may apply. However, in this case general state tort law concepts may also apply to the extent that there is no "on point" federal case law exists on this particular point. One would think that under state law a swimmer in a shipping lane has assumed the risk of serious personal injury.
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It sounds like what you would be selling is your membership in the LLC. In order to determine whether or not this is freely transferable, you should have the LLC agreement reviewed by counsel. The LLC agreement may contain language either restricting the sale or providing the other member of the LLC with a right of first refusal to purchase your share. Also, if there is a mortgage on the property you will need to have it closely reviewed. If you are personally liable for payment of the...
The form of the letter will depend on the language of the arbitration clause, and whether or not the arbitration panel is a sole arbitrator, and what arbitration rules apply. Assuming from your question that each party nominates an arbitrator and they agree on a chair, your letter should (1) reference the agreement being arbitrated; (2) demand arbitration; (3) reference the arbitration clause; (4) demand respondents appoint an arbitrator; and (5) note that if they do not, the arbitration...