#006 Cook -ul navei vs Statele Unite ale Americii | Podcast -ul raportului de iaht

24 thoughts on “#006 Cook -ul navei vs Statele Unite ale Americii | Podcast -ul raportului de iaht”

1. Is anybody else impressed that tug boat sailed across the Atlantic then towed a lot larger vessel all the way back? Didn't know they were capable of that.

2. UPDATE: Re. Podcast not showing in Notifications. This time, for the first time, this podcast DID show up in my notifications. Whatever you said or did seems to have resolved whatever issues that there were.👍

   Reminder, I had the bell rung and clicked on “All” and was only seeing it in my recommendations in the right panel.

3. Since the cook was a contractor, not a military service member, his insurance is entirely a matter og "employer" medical insurance with his employer. Which could be what we call a "major medical" policy with a lifetime cap as low as $5,000.
   Welcome to America.

4. In the US, there is dismissal "with prejudice" meaning you cannot bring the case again. Versus "dismissal without prejudice" meaning "fix the technicality and refile the case."
   I'd be surprised if he can't and doesn't correctly refile. There are many ways besides AIS to determine vessel position, and our military NRO has extremely clear satellite imagery of where that ship was. That can be introduced in court.

5. With the lawsuit being filed in Federal Court, federal law applies. Not a lawyer, but federal law has primacy over state law.
   “The Supremacy Clause, found in Article VI, Clause 2, states that the Constitution, federal laws made pursuant to it, and treaties made under its authority, are the "supreme Law of the Land." This means that in cases of conflict between federal and state law, the federal law will prevail.”

   Also: Tenth Amendment
   The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

6. The marine traffic system has been programmed by someone who lacks English skills. "Moved out of terrotorial waters" cannot be assumed as true–unless you know the vessel is elsewhere. The proper message is "the signal from this vessel is no longer found."
   Sloppy programming, which a REPUTABLE COMPANY would have corrected in 24-72 hours. And a mistake that no competent programming team would have made in the first place.

7. Federal law takes precedence over any state laws. However, different US districts can have different interpretations depending on the judges involved. There are also different attitudes of the average jury drawn from different parts of the US that can have to do with educational background, political views, and so on. Forum shopping is definitely an issue with regard to intellectual property cases, for example. However, from what is presented here, it does appear to me that the plaintiff sincerely believed the erroneous reporting of AIS.

   Wouldn’t it be so much better if we lived in a world where this person could have his medical needs cared for without having to file a lawsuit? That’s the biggest travesty in this situation. Health care is a fundamental human right and we should not accept any system where the richest country in known history shirks responsibility or allows corporations to put profits above people. Stop paying lawyers and just pay the doctors already.

8. I only worked much smaller vessels but even while doing my second mates ticket and master under 500 we were always of the opinion that a ship was under dry dock conditions with almost nil water fuel and cargo which i always understood meant no crew as well. I have never been on board during dry dock (except in unusual circumstances on my private yacht) for the very readon that Petrel fell over.

9. I would think it was filed in Texas because the “contracting company” is BASED IN TEXAS… anyone working for that company would have signed legal documents at the time of hire (or their own subcontract) that would have said something like “you agree that everything disputed is based on TEXAS LAW and any legal suits MUST be filed within the jurisdiction of Texas.” It’s very common for any company that employees or contracts people in multiple locations, ESPECIALLY a research vessel that WILL be at sea more than it’s not. Common sense would dictate that you have to have a main central “legal position” from which to operate. You can’t out the vessel to sea and then start treating staff based on where they are, “oh, you no longer have insurance because we’re in “ABC country” and they don’t require health insurance”. Or “we aren’t require to pay you X amount while we are sailing past this country”. Etc. The laws and policies would flow from the companies home base and all litigation would have to be filed within that country and state.

10. How can I see the video of the ship keeling over?

11. A motion to dismiss, if granted, can be without prejudice. Meaning the suit can be brought again after correcting whatever issues required dismissal. It’s all standard legal maneuvering.

12. My neighbour blocked access to my house despite me having a deed registered at land registry protecting it in order to acquire land for themselves. They tried to run me out of money in legal fees so they could get away with it. 3 years later they capitulated the week before going to court sounds like the same thing.

13. Definitely more friendly filing in texas

14. Possible reason for Houston filing: The law firm is based in Texas.

15. Even the best insurances have a cap figure. Usually pre-stipulated, and when it's formatted for the crew, the day you're getting hired it's given to you to read and sign. You'll quickly scroll it, you see you're fully covered for 1 or 2 millions , peraphs including your family; you'll quickly sign it in base of "normal" accidents, not major ones requiring long term and expensive cures, only worsening with time.

16. I'm sorry, there is not curvature data to be considered. You should know… Neither flying nor nautical maps have such a thing.

17. These lawyers need to simply refile the case in the proper venue. It's not rocket science! Geoff Rohde

18. I don't believe the US Government doesn't want him to be compensated….. I totally agree he needs to be looked after, but sadly given the recent actions of the US Government, not only is he not likely to get compensation, but he's more likely to end up El Salvador than a rehab center. Also, the comments about the plaintiff choosing a more favourable venue a so laughable a Government body should never put it in writing as there is 10's if not 100's of examples where the President of the United States and his lawyers have done exactly that, so what's good for the goose is good for the gander because we're all equal under a law, right. 🤣😂🤣🤣😂🤣😂take a breath, 🤣😂🤣😂🤣😂.

19. This is just lawyers throwing hail Mary's in order to delay or in the hopes that they get off on some technicality. The exact location of the vessel at the time of the filing doesn't really matter. The point of that particular section of the law is to discourage people from filing suits in courts that are so far away from the defendant that they can't effectively defend themselves. We're talking about the U.S. government here, they have no problem defending themselves in Houston, Texas. Also, at the time of the filing, it wasn't easy to figure out where the vessel was exactly.

20. Thank you for sharing.👍

21. it's pretty common in the USA for injury lawyers to try to get the case filed where they are located. They typically work for a percentage of the award if any. So if they keep it local they dont have travel expenses eating into their portion. I have worked with law firms in the past trying to justify having a case local. But i do feel they will have a problem proving negligence on the part of the USA. Who is liable would be called out in the contract with the shipyard along with insurance and bond requirements.

22. In the US, the judge can dismiss "without prejudice," which means they can refile in the correct court unless the statute of limitations has expired. If they dismiss "with prejudice" it can't be refiled. Unless there is some kind of malfeasance proven it would likely the suit would need to be refiled or transfered.

    I had to deal with a couple of discrimination lawsuits with a local government. The language is so weird and confusing.

23. Get rid of that Teenager Video Filter !!!!!!!!

24. cant wait for co founder home depote gets a new yacht.maybe it will be orange

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