James E Mercante

August 24, 2020 | New York Law Journal

While most maritime clauses and laws are ancient and steeped in history, we may be on top of the wave of a brand new clause, the COVID 2020 Force Majeure clause, as discussed by James E. Mercante in his Admiralty Law column.

By James E. Mercante and Kristin E. Poling

9 minute read

February 19, 2020 | New York Law Journal

In his Admiralty Law column, James E. Mercante discusses cases in which "the ship hits the fan," causing a cruise to go from dream to nightmare.

By James E. Mercante

9 minute read

October 18, 2019 | New York Law Journal

Fires at sea are not so rare, just rarely so fatal. In his Admiralty Law column, James E. Mercante discusses some of the noteworthy fire cases litigated in admiralty.

By James E. Mercante

10 minute read

June 26, 2019 | New York Law Journal

Admiralty Law columnist James E. Mercante writes: The U.S. Supreme Court loves all things maritime. So much so, that its first maritime contract dispute was decided in 1781. Now, 238 years after that first contract decision, with many in between, the Supreme Court has its radar set on resolving another important maritime contract dispute.

By James E. Mercante

9 minute read

February 20, 2019 | New York Law Journal

Admiralty Law columnist James E. Mercante writes: There is rarely a sole fault collision at sea. Even the U.S. Navy is not immune from this principal. Despite the Navy's dominating presence at sea, a recent pair of fumbles placed the Navy's ship-handling squarely on the radar.

By James E. Mercante

11 minute read

October 30, 2018 | New York Law Journal

Admiralty Law columnist James E. Mercante writes: A Frankenstorm can cause catastrophic damage on land and sea. For a vessel owner, the Act of God defense may provide protection from liability for damage to third parties. The homeowner gets no treat to either ownership or possession of a yacht washed ashore by a hurricane. But, whether the vessel owner will be held responsible for damages, well, only God (and federal judges) know!

By James E. Mercante

10 minute read

June 26, 2018 | New York Law Journal

In his Admiralty column, James E. Mercante writes: Recent marine casualties demonstrate that operators of watercraft can be lured into inattention as readily as their landlubbing counterparts.

By James E. Mercante

1 minute read

February 20, 2018 | New York Law Journal

In his Admiralty Law column, James E. Mercante writes: Due to the rigors of the sea, long periods of time away from home and the whim of tyrannical captains, seafarers have historically been treated as “wards” of the court and with the “tenderness of a guardian.” However, that tide may be turning.

By James E. Mercante

9 minute read

October 30, 2017 | New York Law Journal

In his Admiralty column, James E. Mercante writes: The art of smuggling at sea can provide profit or pain. Sort of like trick or treat.

By James E. Mercante

6 minute read

June 29, 2017 | New York Law Journal

In his Admiralty Law column, James E. Mercante examines the test for federal maritime jurisdiction, writing: The current admiralty jurisdiction test has caused confusion, expense and inconsistent results. It is time to bring back the “bright line” rule, and apply maritime jurisdiction to all torts that originate on a vessel in navigable waters.

By James E. Mercante

10 minute read