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Practice Oddities

Cushing Filing Icon (215x278)While my usual practice fare involves a lot of techie, regulatory and business stuff, every once in a while I get an “oddity” from left field that livens up the practice a bit. And I do love oddities off the beaten path. Here’s one recent example.

An old friend of mine owns and operates a large excursion boat in Portland harbor that he uses to ferry visitors to clambakes on an island owned by his family. When he lost his main propulsion at the edge of the Portland ship channel, he dropped anchor and immediately transferred his passengers to two other vessels and then had his own vessel towed back to its berth. This took approximately one hour. As required by regulations, he then notified the Coast Guard of a “marine casualty”.

The investigating officer was an officious twit who proceeded to write up my client for failing to timely notify the Coast Guard of the marine casualty. And then the fun began. Long story short, I beat the IO handsomely before the Coast Guard hearing officer – and I thoroughly enjoyed myself while doing it.

If you’d like to view the winning filing and the hearing officer’s decision and order, click the graphic to the left.