James E Mercante

September 10, 2013 | New York Law Journal

In his Admiralty Law column, James E. Mercante, partner and head of the admiralty practice at Rubin, Fiorella & Friedman, discusses how 'Pietrangelo v. S&E Customize It Auto,' the first reported ruling on Superstorm Sandy damage, offers a road map of how a court will evaluate the politically correct "act of Nature" defense in cases resulting from damage caused by the "Storm of the Century."

By James E. Mercante

8 minute read

October 24, 2011 | New York Law Journal

In his Admiralty Law column, James E. Mercante of Rubin, Fiorella & Friedman discusses a recent Western District decision which involved a passenger aboard a jet boat in the Niagara River who was injured during a whitewater excursion through rapids in navigable waters and how the court followed maritime law on the issue of pre-accident liability waivers.

By James E. Mercante

7 minute read

October 31, 2012 | New York Law Journal

In his Admiralty Law column, Rubin, Fiorella & Friedman partner James E. Mercante writes: Seamen have traditionally been regarded as 'wards' of the admiralty court and often treated with the tenderness of a guardian. As a 'protected' class, seamen have been afforded remedies in the most bizarre circumstances, from jumping out a brothel window ashore, to taking a fall while cavorting in a shoreside dance hall. A seaman who was accidentally shot by another seaman aboard ship, however, did not fare so well.

By James E. Mercante

8 minute read

April 28, 2008 | New York Law Journal

Paul S. Edelman, of counsel at Kriendler & Kriendler, and James E. Mercante, an admiralty partner at Rubin, Fiorella & Friedman, discuss a surprising reaffirmation of the long reach of admiralty jurisdiction in the case of an onboard fistfight over a claim of unpaid seaman's wages, and update readers on the Exxon Valdez case in anticipation of a decision of the U.S. Supreme Court, perhaps before its summer recess.

By Paul S. Edelman and James E. Mercante

11 minute read

August 29, 2005 | New York Law Journal

Paul S. Edelman, of counsel at Kriendler & Kriendler and James E. Mercante, a partner at Rubin, Fiorella & Friedman, analyze three significant U.S. Court of Appeals for the Second Circuit decisions involving jurisdiction and maritime status.

By Paul S. Edelman and James E. Mercante

11 minute read

February 21, 2008 | New York Law Journal

Paul S. Edelman, of counsel at Kriendler & Kriendler, and James E. Mercante, a partner at Rubin, Fiorella & Friedman, write that the average practitioner is understandably confounded by the many aspects of foreign law triggered when an American traveler is injured overseas. Passengers' claims typically involve personal injury or death as well as loss or damage to luggage. In the international arena, these matters are governed by The Athens Convention.

By Paul S. Edelman and James E. Mercante

10 minute read

October 31, 2008 | New York Law Journal

James E. Mercante, a partner at Rubin, Fiorella & Friedman, writes: Pirates are a popular subject of Halloween and movies. But piracy is far from a source of entertainment on the high seas. Today's pirates are not interested in either ship or cargo because those have to be sold to turn into cash. These days, the prize is ransom money in exchange for returning not just the ship and cargo intact, but the crew alive.

By James E. Mercante

5 minute read

September 19, 2008 | New York Law Journal

Paul S. Edelman, of counsel at Kriendler & Kriendler, and James E. Mercante,a partner at Rubin, Fiorella & Friedman, write that the U.S. Supreme Court has offered a beacon to admiralty practitioners to navigate the murky landscape of punitive damage calculations in a maritime tort case when such awards may be appropriately considered under the specific facts.

By Paul S. Edelman and James E. Mercante

13 minute read

April 26, 2007 | New York Law Journal

Paul S. Edelman, of counsel at Kriendler & Kriendler, and James E. Mercante, a partner at Rubin, Fiorella & Friedman, write that since maritime disputes typically involve parties of different states or countries, admiralty law allows a plaintiff to seize assets and bring suit wherever such assets may be found because, while other assets may be available elsewhere, it may be extremely difficult to track them down.

By Paul S. Edelman and James E. Mercante

9 minute read

October 31, 2007 | New York Law Journal

James E. Mercante, a partner at Rubin, Fiorella & Friedman, writes that it seems that marine casualties and the fall months of October and November go together like trick or treat. One such maritime tragedy occured aboard the cruise ship the Achille Lauro, where a hijacking by the Palestine Liberation Front led to the killing of one passenger, five years of litigation in the Southern District, four opinions from the Second Circuit, and even a Supreme Court ruling.

By James E. Mercante

6 minute read