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Adam Jay Jaffe
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Adam Jaffe’s Answers

971 total


  • Can I sue the marina?

    My 37' yacht was moored at a local marina. With the storms that came through last May they lost electricity for about a month and then when another storm came through the slips started collapsing and moving and the collapsing and moving slip rubbe...

    Adam’s Answer

    Generally, I agree with Mr. Richard. Yes, you can sue; whether or not you would be successful is an entirely different question. The real questions to contend yourself with are:
    1) Can you afford a lawsuit?
    2) Do you have insurance to help?
    3) What does your contract with the Marina say?
    4) Have some many people been harmed by the alleged negligence of the Marina that a class action would be available.

    I cannot answer any of the questions; rather, only a maritime attorney that can speak with you in person and review all relevant documents can assist you to answer them.

    You state that the storm caused damage from last May. This may be the start of the Statute of Limitations (or Statutes or Repose) for TX (I am not a TX attorney and cannot give legal advice). You really should speak with an attorney ASAP; preferably one that knows something abut Maritime law. There are many to choose from in Greater Houston; but fi you do not know where to go, look to: www.avvo.com, www.mlaus.org, and/or www.seali.com.

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  • What should I do and how can y'all help?

    Boat shop has had my boat for almost two years and has been paid $900 to do minor repairs I get nothing but excuses every time I talk to him and no response from the last message sent

    Adam’s Answer

    This is a very difficult question to answer. There is potentially a combination of federal maritime law and state law dealing with how a party repairs personal property. The best thing to do is to contact a MARITIME attorney directly in MS to go over the facts of your case. You can find a lawyer here on www.avvo.com, at www.mlaus.org, or www.seali.com.

    Hope this helps.

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  • Do you have a sample of a Preliminary Notice that would be recognized by Maritime Law?

    I am inquiring about a Preliminary Notice that can be filed on work performed on a Marine Vessel or boat in Alaska. After work is finished on such a vessel, the collection procedure is managed by Maritime law. This makes it very difficult to c...

    Adam’s Answer

    The benefits of maritime law are maritime liens. In your case, you have a lien against the boat and a suit can be had against the boat itself, as well as the owners. Presuming the owner (if not the master) authorized the work, there is not too much to worry about.

    You CAN do this by yourself, however, it would be better to have a competent attorney assist you. They might even take the case on contingency. You can find a lawyer here on avvo.com or at mlaus.org.

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  • Do I need to seek out additional legal council for this or can my present Jones Act attorney present this

    Currently involved in a Jones Act case, there is a side issue involving harassment. It is my understanding this is not really relevant in this form of law and can not be used. The harassment was reported to the company. No effort was made to recti...

    Adam’s Answer

    You can hire any attorney, any time, for any purpose. You can even hire multiple for the same thing (think about OJ Criminal Trial).

    That being said, consult another lawyer and see what your options are. If you are dissatisfied with your current counsel, seek a second or even a third opinion.

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  • Can I switch lawyers

    This is a Jones Act case. I have dealt with many frustrations with my current lawyer. Is there a possibility of changing lawyers. He has not filed anything yet as I am still in therapy. My maintenance checks use to arrive promptly and now they tak...

    Adam’s Answer

    The only additions I would make are that you are free to consult with any attorney any time, even if you are represented.

    Absolutely, get s second opinion with another maritime attorney. Worse case is that nothing happens.

    Firing an attorney is nothing unusual. Make sure you are doing it for the right reason(s) and have a backup plan ready to go in the event you do fire an attorney.

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  • Under Maritime Law, can I put a claim of lien on a Documented recreation vessel?

    I have been on board for 8 years as a single crew member, but have spent over $100,000 to help the Captain pay and maintain the boat. Now, the boat may be sold, and I want my money back. What can I do ?

    Adam’s Answer

    In truth, just about anyone can record a lien against a boat, for any purpose. Getting it done properly is really the only issue. Now, that being said, once you lien the vessel, you will need to produce evidence in someway to prove that you are entitled to those funds.

    The law does not permit a "co-owner" to lien a vessel, but I do not think this applies to you, at least from the facts provided.

    Under the circumstances, I recommend that you speak with an Admiralty/Maritime attorney ASAP to protect your rights. You can find one here on www.avvo.com, or on www.mlaus.org, or possible on www.seali.com.

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  • How can I get reinstated if employer refuses maintenance and cure because of US President executive order from Dec.19, 2014?

    I am from Crimea, Ukraine. Work for US employer. Suffered multiple injuries that require further surgeries. I was now informed my treatment and employment is to stop. And I am on my own as I am Ukrainian with Crimean registration

    Adam’s Answer

    I agree with my colleagues to the extent that you have rights and responsibilities and that this is not the right place to discuss them. Collect all of your documents. Make photocopies of EVERYTHING, including your passport. Use avvo.com to find a maritime attorney. You can also use www.mlaus.org or www.seali.com to help you find a lawyer.

    Do this immediately. Time may not be on your side.

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  • Waterfront right to anchor? Or dock?

    Is anchoring a boat, and docking a boat considered the same thing? I have a sqwatter, who is insisting on the writings of his deed, yet I have done extensive research, hired a lawyer, had a title search, an abstract of title done, survey, and crea...

    Adam’s Answer

    This appears to be the same question as posted moments ago. I am re-posting my answer:

    he short answer to the question is file an action to evict. If he is allowed to stay, then he will have to prove it. Without actually seeing any of the paperwork involved, there is very little any attorney can do for you.

    In short, anchoring and docking are similar, but not the same. They, in essence, provide shelter for a boat. However, anchoring or mooring a boat is a place, away from shore, to have your boat sit in water. Docking on the other hand, is where a boat is tied up to a dock, with the dock fixed to land.

    A contract for these services is similar. However, as I mentioned above, without seeing any documents involved, few lawyers can lend any counsel other than general info.

    I suggest you hire a maritime lawyer and evict the squatter.

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  • Waterfront right to anchor? Or dock?

    Is anchoring a boat, and docking a boat considered the same thing? I have a sqwatter, who is insisting on the writings of his deed, yet I have done extensive reasearch, hired a lawyer, had a title search, an abstract of title done, survey, and cre...

    Adam’s Answer

    The short answer to the question is file an action to evict. If he is allowed to stay, then he will have to prove it. Without actually seeing any of the paperwork involved, there is very little any attorney can do for you.

    In short, anchoring and docking are similar, but not the same. They, in essence, provide shelter for a boat. However, anchoring or mooring a boat is a place, away from shore, to have your boat sit in water. Docking on the other hand, is where a boat is tied up to a dock, with the dock fixed to land.

    A contract for these services is similar. However, as I mentioned above, without seeing any documents involved, few lawyers can lend any counsel other than general info.

    I suggest you hire a maritime lawyer and evict the squatter.

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  • It is normal for a Marina to charge yearly taxes to an owner of a boat slip?

    My parents own a 45' boat slip in a marina in NC. It is paid in full. Instead of getting a bill for taxes from the state or county the marina charges them the taxes. Is this normal? My parents are in their mid 80's and when told me this I became c...

    Adam’s Answer

    Who has the power to tax, when, and for what purpose is an interesting question. As others have posted bred out, you have not indicated when the taxes are due nor the purpose of the tax.

    Clearly asking the people imposing the tax wheat the purpose of the tax is. You should bring with you a stack of your bills to make sure your tax has not changed.

    Also, since your parents "own" the slip, documents must be recorded with the County Rcorder/Assessors office. See what documents exist permitting the marina to levy anything on this property.

    It is unclear if you will need to speak to a lawyer once your investigation is complete, but if you feel compelled, speak to a maritime attorney. Be sure to bring with you all of the documents you have collected to assist him/her/them.

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