Florida Maritime Law and Practice
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The Sixth Edition of Florida Maritime Law and Practice features the contributions of a of a group of authors and experts, and well as a dedicated steering committee. It is the ideal guide for Florida practitioners, with a focus on Florida-specific statutes, case law, and rules. The comprehensive source also cites to applicable secondary sources, as well as federal statutes and case law, and international law.
The Sixth Edition includes:
- Updated case law, statutes, rules, and regulations.
- Discussion of hot topics including:
- Updated, in-depth discussion and application of maintenance and cure as a remedy for injured seamen.
- The ability of a seaman to recover maintenance and cure, and the Eleventh Circuit’s recent application of the McCorpen defense as a bar to recovery. Jackson v. NCL America, LLC, 730 F.App'x 786 (11th Cir. 2018).
- A maritime employer’s reimbursement responsibility when an injured employee goes outside the employer’s network. Jackson v. NCL America, LLC, 730 F.App’x 786 (11th Cir. 2018).
- Forum Selection Clauses and Florida courts’ recent creation of a judicial exception to the statutory right to trial by jury, upholding the validity of a Forum Selection Clause in the contract of a Jones Act seaman, requiring all civil personal injury lawsuits to be filed in a foreign jurisdiction.
- Updated, in-depth discussion of The Convention on Recognition and Enforcement of Foreign Arbitral Awards and its application in arbitration proceedings.
- Cruise ships’ duty to protect passengers from known dangers (either actual or constructive notice), and the benchmark against which shipowners’ behavior must be measured.
- Department of Labor’s new Notice of Payments Form LS-208, now acting as the form used to report all payments of compensation in workers’ compensation cases.
- Newly issued Division of Federal Employees Compensation Bulletin 18-03, assisting maritime practitioners in formulating Defense Base Act and War Hazards Compensation Act reimbursement claims.
- Courts’ exercising of constructive in rem jurisdiction over scattered shipwrecks when the courts constructively possess parts of the scattered wrecks. Salvors, Inc. v. Unidentified Wrecked & Abandoned Vessel, 861 F.3d 1278 (11th Cir. 2017).
- The improper use of cell phones and other “smart” devices as a basis for fault in maritime collision cases.
- New discussion regarding maritime security law and the Maritime Security Transportation Act of 2002’s mandatory evaluation of effectiveness of anti-terrorism measures in foreign ports, and the imposition of conditions of entry into the United States.
- New discussion regarding maritime security law and cyber security.
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Table of Contents
Chapter 1 Admiralty And Maritime Jurisdiction
Matthew Valcourt and Anthony J. Cuva
Chapter 2 Practice And Procedure
Raúl J. Chacón, Jr. and Andrew D. Craven
Chapter 3 Personal Injury And Wrongful Death Of Seamen And Other Maritime Workers
Robert D. Peltz and Andrew L. Waks
Chapter 4 Personal Injury And Wrongful Death Of Passengers
William B. Milliken and Tonya J. Meister
Chapter 5 Maritime Workers' Compensation
C. Ryan Eslinger
Chapter 6 Carriage Of Goods
Lindsey C. Brock, III
Chapter 7 Charters
Michael E. Conroy and Attilio M. Costabel
Chapter 8 Salvage
John H. Thomas
Chapter 9 General Average
Theresa M. Bennett
Chapter 10 Collision
David F. Pope
Chapter 11 Marine Insurance
Michelle Otero Valdés
Chapter 12 Maritime Liens
David W. McCreadie and Adam D. Griffin
Chapter 13 Limitation Of Liability
Allan R. Kelley and Michael W. Mcleod
Chapter 14 Pleasure Boats
Captain Alan S. Richard, Joanne M. Foster and Anthony J. Cuva
Chapter 15 Florida Boating Law
Captain Alan S. Richard
Chapter 16 Pilotage And Towage
Christopher R. Koehler
Chapter 17 Marina Liability
James N. Hurley and Christine M. Walker
Chapter 18 Maritime Security Law
U.S.C. Captain Robert L. Gardana
Chapter 19 Sales Of Vessels
Attilio M. Costabel and David R. Maass