Admiralty/Maritime

PROCTOR IN ADMIRALTY:

A designation conferred by the Maritime Law Association of the United States to recognize its most distinguished class of practicing admiralty attorneys.

The American Bar Association’s Model Rules of Ethics recognize that Proctors in Admiralty are specialists in the field of admiralty and maritime law.

The Admiralty and Maritime Law Practice Group at Clausen Miller P.C. is distinguished from many other firms claiming to have a maritime law practice because Clausen Miller truly has a recognized specialist at the helm of its Admiralty and Maritime Law Practice Group. Kimbley A. Kearney has been recognized as a Proctor in Admiralty by the Maritime Law Association of the United States since 1992. Ms. Kearney is also the Chair of the MLA’s Uniformity of U.S. Maritime Law Committee and an Editorial Fellow for American Maritime Cases.

BROAD LITIGATION EXPERIENCE

The Admiralty and Maritime Law Practice Group offers experience and expertise in all facets of maritime practice including Jones Act personal injury defense, marine insurance coverage disputes, maritime employment discrimination, limitation of liability actions, collision, towage, recreational boating, cruise lines and passenger ships and cargo loss.

Examples of the Admiralty and Maritime Law Practice Group’s success through innovative defense include:

  • Januszewski v. Empress Casino, 2:00-CV-352 (N.D. In. 2002). Class certification denied to Jones Act seamen claiming injury due to exposure to toxins in the workplace after class certification of crew members seeking same relief under same circumstances was upheld in Mullen v. Treasure Chest Casino, 186 F.3d 620 (5th Cir. 1999);
  • Bavaro v. Grand Victoria Casino, 2001 WL 289782 (N.D. Ill). In a case of first impression, court was persuaded that Jones Act employer satisfied its cure obligation to seaman to the extent medical expenses were paid by employee group health plan for which employer paid a portion of the premium;
  • Voge v. Schnaidt, 635 N.W. 2d 161 (N.D. 2001). After years of personal injury litigation involving a recreational boating accident, the Admiralty and Maritime Group was retained to assist in defense efforts. The Group persuaded the trial court that an inland impoundment of the Missouri River was “navigable water” by showing that the business of local fishing guides constituted interstate commerce. The case was dismissed as time barred under maritime law;
  • The Petitions for Limitation of Liability of Pioneer Brokers, Inc. and John DeMaria (E.D. Mich. 1999) and Schmidt Boats LLC (D.C. S.C. 2006). Successful prosecution of limitation of liability actions resulted in settlement of a property damage claim valued in excess of $1 million and a wrongful death action for approximately $10,000 and $20,000 respectively.

APPELLATE VICTORIES

The Admiralty and Maritime Law Practice Group’s appellate victories include:

  • Howard v. So. Ill. Riverboat Casino, 364 F.3d 854 (7th Cir.2003), a case of first impression in which the Seventh Circuit was persuaded that indefinitely moored vessels are not “vessels in navigation” within the meaning of the Jones Act;
  • Voge v. Schnaidt, 635 N.W. 2d 161 (N.D. 2001), a case of first impression in the Supreme Court of North Dakota in which the court upheld the application of the maritime law statute of limitation to a personal injury lawsuit arising out of recreational boating on an impoundment of the Missouri River;
  • Hatch v. Durocher Dock & Dredge, 33 F.3d 545 (6th Cir. 1994), a case of first impression in the Sixth Circuit resulting in the denial of seaman status to a construction worker.

APPELLATE MONITORING SERVICES

The combined trial and appellate experience of the members of Clausen Miller’s Admiralty and Maritime Law Practice Group also enables it to offer a unique service to its clients: appellate monitoring of high profile maritime cases nationwide. Members of the practice group are increasingly retained as monitoring appellate counsel well in advance of trial to independently evaluate cases and provide objective opinions of potential liability and exposure for damages.

Our participation during the pre-trial phases of significant cases provides clients and their trial counsel with an invaluable resource in crafting the most effective legal arguments to be advanced at each stage of the proceedings. Monitoring appellate counsel also positions cases for trial by preparing dispositive motions and participating at mediation and mock trials. Through participation at mock trials, monitoring appellate counsel can evaluate the weight of the evidence, help formulate optimal trial strategy and prepare the motions in limine and special jury instructions that will be necessary for trial. During trial, appellate monitoring counsel position cases for appeal.

For example:

• The Admiralty and Maritime Law Practice Group presently serves as appellate monitoring counsel for an internationally known cruise line in a multi-million dollar maritime law personal injury and wrongful death lawsuit pending in Florida. The accident giving rise to the lawsuit occurred in foreign waters miles from the cruise ship and the case presents novel issues of causation and the scope of duty owed by a vessel owner.