Category Archives: Blog

Replvin where first mortgage is not available




In an era of heightened loan defaults, litigious borrowers, and the unfettered mobility of assets – where oh where is a lender to go? No doubt, lenders have experienced the “tail of the stingray” – an often lethal combination of … Continue reading

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LEARN LAW BEFORE ADDING GUNS ON BOARD BY CAPT. ROBERT L. GARDANA




For recreational boaters, piracy often seems as remote as Somalia – where four cruisers were killed following the hijacking of the Quest, a 58-foot sailing vessel. Certainly the crew of four aboard the Joe Cool never suspected that their minutes were numbered and … Continue reading

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WHAT TO DO WHEN YOUR BOAT IS ARRESTED BY CAPT. ROBERT L. GARDANA




Your sitting peacefully in your office and the Captain of your yacht calls and says: “Boss we’re under arrest by the U.S. Marshall.”  “What did you do?” you reply.  “Not us – not the crew,” the captain elaborates. “The yacht itself is … Continue reading

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The Changing Waterfront – After Lozman:The Plaintiff’s Lawyer Perspective




By: Robert L. Gardana, Esq. [1] I. Introduction Poet James Whitcomb Riley (1849–1916) may have coined the phrase when he wrote: “when I see a bird that walks like a duck and swims like a duck and quacks like a … Continue reading

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Court extends indemnity in the BP-Transocean Drilling Contract to include Transocean’s “gross negligence,” but excludes indemnity for civil penalties and punitive damages.




On January 26, 2012, the Court entered its finding(s) 1) That BP is required to indemnify Transocean for compensatory damages asserted by third parties against Transocean related to pollution that did not originate on or above the surface of the … Continue reading

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COMMERCIAL SALVOR REQUIRED TO RETURN TO SPAIN 500 MILLION IN TREASURES




Verified Claim of The Kingdom of Spain Federal Register Odyssey This case originated by ODYSSEY MARINE EXPLORATION, INC., arresting THE UNIDENTIFIED, SHIPWRECKED VESSEL, its apparel, tackle, appurtenances and cargo in rem – much like any other “finds’ case or “salvage” … Continue reading

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DUE PROCESS REQUIRED TO EXCLUDE STUDENT FROM SCHOOL




ELEVENTH CIRCUIT citiing Supreme Court rules Valdosta State University student entitled to due process prior to being expelled – over his facebook page! (“[D]ue process requires, in connection with a suspension of 10 days or less, that the student be given … Continue reading

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ARE CRUISE LINES GETTING AWAY WITH 1974 PRICES FOR INJURY OR DEATH – IT IS TIME TO ADOPT THE 2002 Protocol to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974?




As of January 28, 2011, the signatories to the 2002 Protocol to the Athens Convention were Finland, Germany, Norway, Sweden, Spain, and the United Kingdom (all subject to ratification/acceptance).  (Contracting States: Albania, Latvia, Saint Kitts and Nevis, Syrian Arab Republic). EC … Continue reading

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A new look at cruise ship muster drills and passenger ship evacuation procedures – “women and children first” – not the Captain – and don’t forget to NOT to return to your cabin to get your life jacket!




With the 100 year anniversary of the epic sinking of the RMS Titanic approaching and the recent bizarre grounding of the MS Concordia, undoubtedly maritime disasters are forefront in our minds. The International Maritime Organization, through its Secretary-General Koji Sekimizu, … Continue reading

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What will ITALY Say Now – after Concordia? “Cancelled” by the Sea!




Italy’s emotional statement for those that have “been ‘cancelled’ by the sea, buried and marked as “nameless” as if they had never existed”  from the meeting of the 98th Session of the Legal Committee the International Maritime Organization (IMO) – 2011. ANNEX 9 … Continue reading

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