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Admiralty Law Office
of
DAVID J. FARRELL, JR.
2355 Main Street
P.O. Box 186
S. Chatham, MA 02659
(508) 432-2121 Office • (508) 237-2402 Cell
(508) 432-2334 Fax • farrell@sealaw.org
Admiralty attorney and policy advocate with a global understanding of maritime law and commerce gained from 25 years trying cases and prior sea experience.
Click on blue text to read recent successes:
Bill of Lading:
Sued on behalf of Icelandic ocean carrier for unpaid freight on 32 containers of frozen herring shipped from Boston to Estonia. After trial, U.S. District Court easily found Shipper listed on bills of lading liable. Trickier case was against Merchant not listed on bills of lading but it too was liable under backside terms and conditions as well as its oral maritime contracts and prior course of dealing as Judge Lasker found Merchant "uncooperative, evasive, non-responsive, and less than credible." District Court also awarded our attorneys' fees. First Circuit affirmed, noting "counsel's fee was well earned."
EIMSKIP, The Iceland Steamship Co. v. Mayflower Int'l Ltd., 338 F.Supp.2d 191, 2004 AMC 1904 (D. Mass. 2004), aff'd sub nom EIMSKIP v. Atlantic Fish Market, Inc., 417 F.3d 72, 2005 AMC 1817 (1st Cir. 2005).
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Marina Fire:
After a two week trial of a multi-million dollar marina fire, we absolved our client and defeated an adjacent yacht's husband and wife's attempt to limit their liability. Our marine surveyor, fire origin investigator, and electrical causation expert did a stellar forensic job insofar as much of the electrical evidence vaporized in the blaze before the yachts sank at their slips. Then the husband and wife made things worse by losing critical evidence, which Judge Bowler found "highly questionable" and she found them to have an "unconvincing demeanor at trial on cross examination." They should not have "closed their eyes" to obvious problems with their shore power cables which started the fire and should have followed the manufacturer's instructions and trouble shooting guide.
In re Rhotens Limitation Proceeding,
397 F.Supp.2d 151 (D. Mass. 2005). |
Wind Farm:
Advocated in favor of Cape Wind's offshore wind farm proposed for Nantucket
Sound as not detrimental to commercial or recreational fishing and beneficial in reducing oil spills.
"A Red Herring: the Wind Farm's Threat to Fishing," Cape Cod Times (June 8, 2003).
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NOAA Fisheries Permits:
Brought successful resolution before The Maritime Law Association of the United States to support a Congressional amendment eliminating maritime liens on federal fishing permits. This would facilitate UCC-Article 2 financing of these valuable assets to benefit the fishing industry, vessel safety, and employment.
"Maritime Liens on Fishing Privileges: Towards a Congressional Resolution," 2 Benedict's Maritime Bulletin 339 (Fourth Quarter 2004).
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