Chamberlain Hrdlicka's Maritime Proctor Blog is primarily about Admiralty and Maritime law decisions, but also discusses non-Admiralty litigation as well as other legal issues. This blog does not constitute legal advice of any kind. Moreover, it does not create an attorney/client relationship between the reader and either myself or Chamberlain Hrdlicka. Instead, I merely endeavor to discuss, on a broad level, common issues I see in my practice, as well as recent case developments or news concerning the Maritime industry.
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By now, our reader has likely seen footage of the M/V Dali, a Singaporean flagged container vessel, striking the Francis Scott Key[2] Bridge in Baltimore. This maritime casualty obviously received massive news coverage in the United States,[3] as the Port of Baltimore (mostly located upstream or inland from the Francis Scott Key Bridge) is the fifth-busiest container port on the East Coast.[4] There are currently ten vessels stuck in the harbor and thus unable to make their voyages.[5] It is unknown how long the Port of Baltimore will remain closed, and at least six people died in this ...
In the cinematic classic The Wizard of Oz, Dorothy, the Tin Man, and the Scarecrow must travel on the Yellow Brick Road through the Haunted Forest to reach the Emerald City. During this journey, the three protagonists of the story speculate they will encounter wild beasts, which leads to one of the famous quotes of the movie: “Lions, and Tigers, and Bears, oh my!”[1] Ultimately, the trio meets their fourth compatriot, the Cowardly Lion, in the Haunted Forest, and he poses no harm to them.
We learned in 2021 the importance of the Suez Canal and Red Sea to global shipping trade. ...
It has been far too long since I was able to post on this blog. My apologies to the loyal readers.[1] I promise to be more consistent in my posts in the future.
This is the first in a several post series on the recent and highly publicized disaster involving the five lives lost last week on the Titan, a submersible craft operated by OceanGate. As our readers know, the owner/founder of OceanGate and four passengers died when the Titan suffered a “catastrophic implosion” after losing contact with its primary exploratory vessel while attempting to view the wreck of the Titanic.[2]
These ...
In Part I of "A Fifth of Silence," we covered the wording and history behind the Fifth Amendment, as well as how a jury must evaluate a witness taking the Fifth in a criminal trial. To recap … the jury cannot consider it at all in reaching their verdict.
In Part II, we turn to taking the Fifth in a civil lawsuit. The results are vastly different. We will also address a hypothetical and provide some practical tips when faced with this type of situation.
What Happens When a Witness Takes the Fifth in a Civil Matter?
If a witness takes the Fifth in a civil matter, the jury, under SCOTUS precedent from ...