By Marilyn Raia Life at sea away from family and friends is not always easy for seamen. For their hard work and sacrifices, seamen are entitled to be paid what is due in full in a timely manner. Federal law so provides. Historically, seamen have been considered in need of special protection by Congress and the courts because of the nature of their employment. Various statutes and regulations have been enacted over the years to provide that protection including laws pertaining to compensation. Indeed, the first statute to give seamen a right to collect their wages was enacted in 1790.…

By Marilyn Raia The word “deposition” often strikes fear in the hearts of mariners as well as non-mariners. A deposition is routine for the litigator, but unlikely to be routine for the client or witness. It is a common event in litigation and, if the concept and procedure are understood ahead of time, fear can be minimized. Deposition Basics A deposition is the taking of sworn testimony of a witness before trial and outside of the courtroom. It can be part of the discovery process in a case during which each side can learn about the other side’s evidence and…

By Marilyn Raia Many cargo shippers think ocean carriers should be fully liable for whatever happens to their shipments during transit. It is not a totally irrational thought considering the ocean carrier and its subcontractor(s) have sole possession of the shipments in transit. However, under US law, an ocean carrier transporting goods is not necessarily liable for whatever might happen to them during transit. And when held liable, an ocean carrier and its subcontractor(s) may not be liable for the full value of a lost or damaged shipment. The Harter Act Basics In the “old days”, i.e. before 1893, ocean…