James E Mercante

October 30, 2006 | New York Law Journal

Paul S. Edelman, of counsel at Kriendler & Kriendler, and James E. Mercante, a partner at Rubin, Fiorella & Friedman, analyze a recent case which involved competing cargo liability laws and the issue of what law governs a carrier's duty when goods shipped from overseas are subsequently damaged in interstate transit prior to delivery and other noteworthy decisions.

By Paul S. Edelman and James E. Mercante

9 minute read

August 29, 2006 | New York Law Journal

Paul S. Edelman, of counsel at Kreindler & Kreindler, and James E. Mercante, a partner at Rubin, Fiorella & Friedman, write that it used to be that maritime law had narrower application, but recent cases applying it to train and plane wrecks demonstrate the desire for uniform laws relating to modern forms of transportation and not just traditional maritime activities.

By Paul S. Edelman and James E. Mercante

10 minute read

January 31, 2005 | New York Law Journal

Paul S. Edelman, of counsel at Kriendler & Kriendler, and James E. Mercante, a partner at Rubin, Fiorella & Friedman, write that piloting a ship can be a high-risk venture, often with tens of millions of dollars of vessel and cargo being transported. The pilot may earn less than $500 for each ship piloted, yet face liability for millions in damages and exorbitant defense costs.

By Paul S. Edelman and James E. Mercante

11 minute read

May 08, 2006 | 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 popularity of gambling "cruises to nowhere" and "booze cruises" have increased the incidence of lawsuits against vessel owners.

By Paul S. Edelman and James E. Mercante

8 minute read

August 21, 2009 | New York Law Journal

Paul S. Edelman, of counsel at Kriendler & Kriendler, and James E. Mercante, a partner at Rubin, Fiorella & Friedman, review a major decision with many implications in the marine world, Atlantic Sounding Co. Inc. v. Townsend, decided by the U.S. Supreme Court on June 25. The issue was whether punitive damages, recently affirmed in maritime cases in the Exxon Valdez oil spill litigation, could be applied to a willful failure of a ship owner to pay "maintenance" and "cure" expenses to injured crew members. Most federal appellate courts have only allowed payment of attorney's fees for such willful failure.

By Paul S. Edelman and James E. Mercante

8 minute read

October 28, 2005 | New York Law Journal

Paul S. Edelman, of counsel at Kriendler & Kriendler, and James E. Mercante, a partner at Rubin, Fiorella & Friedman, write that in admiralty law, an act of God can be a viable defense against cargo lost or damaged at sea, sinking, charter disputes, third-party property damage and personal injury claims, but the party asserting this affirmative defense carries the added burden of establishing lack of fault or unforeseeability in order to be exonerated.

By Paul S. Edelman and James E. Mercante

8 minute read

September 12, 2011 | New York Law Journal

In their Admiralty Law column, James E. Mercante, a partner at Rubin, Fiorella & Friedman, and Daniel O. Rose, a partner at Kreindler & Kreindler, write that, generally, a serviceman who is injured or killed during active duty is barred from recovering against the United States under the Federal Tort Claims Act for any negligence of his or her fellow serviceman by well-settled doctrine.

By James E. Mercante and Daniel O. Rose

8 minute read

November 08, 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 there has been a great deal of activity from the U.S. Supreme Court on down on the issue of punitive damages, with courts grappling with loss of society and loss of consortium damages with varying decisions that seem difficult to reconcile.

By Paul S. Edelman and James E. Mercante

12 minute read

January 29, 2007 | New York Law Journal

Paul S. Edelman, of counsel at Kriendler & Kriendler, and James E. Mercante, a partner at Rubin, Fiorella & Friedman, analyze the recent Supreme Court decision in Norfolk Southern Railway Company v. Sorrell, which is of significance to admiralty practitioners because a seaman's statutory remedy for personal injury due to negligence - the Jones Act - expressly incorporates the liability standards applicable to railroad accidents.

By Paul S. Edelman and James E. Mercante

8 minute read

May 31, 2005 | New York Law Journal

Paul S. Edelman, of counsel at Kriendler & Kriendler, and James E. Mercante, a partner at Rubin, Fiorella & Friedman, write that it may come as a surprise, but the issue of what may or may not be a "vessel" is not as settled as one might think.

By Paul S. Edelman and James E. Mercante

7 minute read