Miami, FL
Admiralty and maritime Lawyer at Miami, FL
Practice Areas: Admiralty & Maritime, Commercial
OUTCOME: Case Remanded to State Court for Jury Trial
Defeated Carnival Cruise Lines’ attempt to compel a cabin steward crewmember’s Jones Act negligence claim to arbitration in Panama and obtained and order requiring the claim to be tried to a jury in Mi ... ami, Florida.
OUTCOME: Motion to Dismiss Denied
Obtained an order allowing Brais & Brais’ client to pursue his breach of implied warranty of workmanlike performance and breach of marine bailment against an engine repairer in a dispute where a recrea ... tional fishing boat sank at the dock while being repaired.
OUTCOME:
Obtained an order finding Norwegian Cruise Line (NCL)’s closed circuit television video of a passenger’s accident is not protected under the work product privilege and must be produced to the plaintiff ... before her deposition.
OUTCOME: United States District Judge James Lawrence King Entered an Order In Favor of Brais & Brais' Client Denying Carnival's Motion to Dismiss and Granting Florian's Motion to Remand Cause Back to State Court
Carnival crewmember sued for shipboard personal injuries, failure to provide Jones Act prompt, proper and adequate medical care, unseaworthiness, maintenance and cure benefits and tender of substandard ... medical by Carnival's selected doctors in Peru. Florian was originally treated and diagnosed in Miami, Florida but was repatriated to Peru allegedly due Carnival's inability to keep Florian in Miami, Florida for medical treatment based upon "immigration issues." Carnival removed the claim from state to federal court pursuant to The Aribitration Act and later moved for dismissal of the claim, in favor of arbitration per terms within the crewmember's employment contract in a foreign jursidiction. The crewmember moved for the case to be remanded because Carnival produced only a signed contract for a previous contract of employment, but not a contract for the period of employment during which Florian suffered his injuries. Carnival submitted an affidavit claim that Florian could never have boarded the ship to begin his second employment contract unless he signed a contract of employment. Carnival further claimed the subject contract was lost. Florian submitted an affidavit that he was never presented with or signed an employment contract at the beginning of his second period of employment with Carnival.
OUTCOME: Directed Verdict on Liablity
Won a directed verdict on liability at the end of a 3 day trial in a case concerning a passenger's fractured hip and wrist resulting from a fall on a cruise ship's dance floor.
OUTCOME: Court Determined the Panamanian Choice-of-Law Clause Found in the Employment Contract Unenforceable thereby Preserving the Client’s U.S. Seaman’s Causes of Action
Successful in having a court throw out a Panamanian choice of law clause found in a crewmember's employment contract and requiring the dispute be governed by the more favorable U.S. law in a case conce ... rning a personal injury sustained while working aboard a cruise ship.
OUTCOME: $75,000 Judgment in Favor of Client
Brais & Brais represented a ship repairer and refurbisher who arrested a ship, in rem, and pursued a claim in personam for amounts due after completing repairs to a mega yacht, the M/Y Esterel. Though ... the work was done to the owner's specifications the yacht owner refused to pay the balance due to B&B's client, Winward Associates. A four day trial was held in the United States District Court for the Middle District of Florida before the Honorable John E. Steele in Ft. Myers, Florida. in Ft. Myers, Florida. Defendants where represented at trial by Moore & Company.
OUTCOME: Petition for Writ of Certiorari Granted and Lower Court’s Order Compelling Production of an Investigator’s File Quashed
Successfully argued that an investigator's file in a personal injury case is protected from discovery under the work-product privilege
OUTCOME: Won summary judgment finding that a provision in a marina storage contract exculpating the marina from its own negligence
On September 6, 2003, a fire broke out on a yacht, damaging or destroying that vessel and other vessels, as well as the marina. A claim was filed based upon the marina’s negligence in care and storing ... of the yacht. The marina defended the claim based upon a provision found in the storage contract which exculpates itself from any negligence. The plaintiff argued such an exculpatory provision violated maritime law and public policy. The court agreed and granted summary judgment finding the exculpation provisions unenforceable.
OUTCOME: Court Dismissed the Shipowner's Petition for Exoneration from or Limitation of Liablity as Untimly
On May 6, 2001, twenty year old Jacob Dollar together with his father, John Dollar, chartered two jet skis from Waterfront License Corp. d/b/a Club Jet Ski. After approximately forty-five minutes of ri ... ding their respective jet skis, Jacob Dollar collided with a boat owned and operated by Gerald Clay Baynham Jacob Dollar died as a result of the collision and Mr. Baynham's vessel was damaged and foundered. The jet ski concessionaire filed a petition in Federal Court seeking exoneration from or limitation of liability from this event. Based upon my motion, the court found the petition untimely and dismissed the case for want of jurisdiction.
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