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Adam Jay Jaffe
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Adam Jaffe’s Answers

951 total


  • Seller in Texas sold a boat claiming it was perfect and had major issues??

    this is second time I am asking for some help . I recently purchased a boat from a seller in Beaumont Texas and ad and seller said gas tanks are in perfect condition and after paying seller 20 min as I was driving away I asked for a refund and or ...

    Adam’s Answer

    This is one of those scenarios where it would seem like maritime law is appropriate, but it probably is not necessary. You have a seemingly simple claim for:
    1) breach of contract;
    2) intentional misrepresentation;
    3) negligent misrepresentation.

    If the seller knew there was a defect, it is possible that you can get punitive damages, if this were to go to trial. Short of punitive damages, I am not sure many lawyers would take this on contingency.

    As I am not a TX lawyer and can only give general advice (e.g. not state specific), I would encourage you to look into the TX Small Claims System. If you can sue for up to $10,000, it may be worth while.

    It is also worth noting that winning in court is relatively easy. The collection part is always hard.

    I encourage you to look for a TX Maritime Attorney here on Avvo.com. You can also go to www.mlaus.org or www.seali.com

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  • I am a merchant marine covered under the jones act for garnishments. Does this also cover my spouse?

    My wife is being garnished for student loans. Does the jones act cover her also?

    Adam’s Answer

    No. Jones Act, effectively, covers people who work on a boat, for the benefit of a boat, and makes sure they get paid their medical care and wages.

    Of course, it is more complex than this, but anything to the contrary about student loans is misinformation.

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  • Can i sue a cruise line

    my family and I was a vacation trip on Norwegian , was and insident on boad

    Adam’s Answer

    Without knowing more, you need to contact a Maritime Attorney. If there was personal injury, then a Maritime Attorney that concentrates or specializes in Personal Injury cases. You can look here on Avvo.com, or at www.mlaus.org, or www.seali.com.

    Note, as one of my colleagues has indicated, there is a mandatory forum selection clause (e.g. where a lawsuit must be filed) written on the back of your ticket. Therefore, be prepared to litigate in Miami. You may also have an arbitration clause. Be prepared for this as well. Finally, your rights may be limited if you do not do something within a defined period of time. As such, contact a maritime attorney ASAP!!!

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  • Can my boat be evicted by new marina owners if I have a contract and have paid in advance?

    Last November I put my boat into a slip at a marina on the California Delta. At the time I signed a 1 year lease and paid in full, to which I have copies of everything. This past weekend I arrived at my boat to find a note posted on the windshie...

    Adam’s Answer

    Probably not. Without reviewing any documents, I cannot speak to specifics, nor could any attorney. However, despite the "salty" flavor of your issue as it involves a vessel, the issue for you is really a glamorous landlord-tenant issue.

    There are many maritime attorney's in the Greater Sac. area. Look here on avvo.com or www.mlaus.org for further assistance. Barring that, look for a landlord-tenant attorney. There is landlord-tenant law here in CA that is specific to Marinas. The law should be in your favor.

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  • No one wants to take my case. Its a jones act. Why is that?

    I was at work on a Derrick Barge. And i woke up one morning and my back was killing me. I ended up getting sent to the doctor that my company uses. Eventually he sent me on my way. Company sent me home hoping I would get better. It got worse! I we...

    Adam’s Answer

    Depending on how your employment is classified you will be covered under the Longshore & Harbor Workers a Compensation Act or the Jones Act.

    You need a maritime personal injury attorney. It is VERY different than land based law.

    Find one here on avvo.com, www.mlaus.org, or www.seali.com

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  • My question is regarding a breach of contract regarding the yachting industry over accusations without proof.

    I had joined a large motor yacht as a temporary sous chef on April 22nd with a signed contract for a salary of 5000$ U.S. for a 30 day period. The contract stipulated that if I was released any time prior to that agreement that I would be paid in ...

    Adam’s Answer

    The maritime flavor of this question is very interesting, but not unique. I would suggest you use the find a lawyer feature here on Avvo to look for a seasoned maritime attorney to assist you with making a decision on State vs Federal law. Just because you can sue in Federal Court for wages, does not necessarily mean you should.

    You can also go to: www.mlaus.org and/or www.seali.com to find other maritime attorneys to assist you further.

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  • I need a legal malpractice lawyer in ocean county nj or one that can help me in ocean county nj.

    In 9 mos. my atty ignored opposition Contacts, lost me my home in florida, cost me a harley davidson, permitted plaintiff to seek and be granted power of atty over my sig to sieze and sell my homes without filing any cross motion or oposition , m...

    Adam’s Answer

    As Mr Richard stated a malpractice attorney is needed.

    Look here on Avvo.com. You can also call the local county Bar Referral service or even the State Bar a Referral service for further assistance.

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  • JHopkins Hosp. suggests that living on a boat with an unstable platform will help me regain my balance.

    How do I approach MD WCC to provide funds to allow me to utilize this type of therapy concurrent with PT. Both JHHosp. and the Mayo Clinic have diagnosed me with Fibro-Malagia and Myofasial Pain Syndrone caused by a work related accident. All WC...

    Adam’s Answer

    I agree wtih Mr. Richard. This is a Work Comp issue. It only seems like Maratime law as a boat is involved.

    Work Comp is VERY specific to each State in the Union. Some States do not even have work comp. Some States do not permit attorney's in Work Comp.

    As it relates to your injury, I would consult with a MD Work Comp attorney. From a big picture, it would seem as though you are asking your employer to buy you a boat? A question asked in CA (where I am a lawyer and can provide counsel) is there medical necessity of the provedure? Moreover, is the procedure a tested an proven procedure or is it experimental? These are questions that are asked here when an insurance company decides on spending money in a Work Comp Case.

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  • Do I need a boat license in tn to operate a jon boat with less than 10hp

    I am Currently 17 years old and I have a jon boat to go Fishing do I need a boat license to drive it

    Adam’s Answer

    The only thing I would add to Mr. Richard's comment is that most likely the course(s) that you need to be "legal" will be offered by the following 2 organizations: US Power Squadron and/or US Coast Guard Auxiliary. Look to them to make sure you have the proper class(es).

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  • How do I collect money from a hospital due to an overpayment?

    I had a bill with Marina del Rey Hospital which I made my final payment on in May of 2014. I forgot to cancel my automatic payments and accidentally made one additional payment for $75.00. As soon as I realized the mistake I called the billing dep...

    Adam’s Answer

    As my colleague stated, this is not a maratime matter.

    Also, Small Claims is REALLY your only recourse. Having help numerous people over the years with small claims, I can honestly attest to the fact that the suing over $75 is not that bizarre. I have helped sue for $25 when the filing fdee was $30. I will put this matter in the proper forum.

    If you decide on small claims, be sure to seek out a party that has small claims experience. It is, believe it or not, very specialized here in CA.

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