Hamilton & Miller PA

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18 Years

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(305) 379-3686Call Visit WebsiteVisit Website Map & DirectionsDirections150 SE 2nd AveMiami, FL 33131 Write a ReviewWrite Review

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Mon - Fri:	8:30 am - 5:30 pm

Hamilton & Miller PA

Wrongful Death
Jules Massee and Brandon Bushway obtained judgment on the pleadings and complete dismissal of all claims in a wrongful death case brought against client vessel owner under §905(b) of the Longshore and Harbor Workers’ Compensation Act. The Decedent allegedly drowned after falling from a floating platform, tied to a dock, adjacent to the vessel. Because the Decedent worked for a contractor hired to detail the vessel, Decedent’s estate filed suit against the vessel owner. HMB moved for judgment, arguing that, after several attempts, Plaintiff failed to properly plead or establish a duty owed by the vessel to Decedent under Scindia Steam Navigation Co. v. De Los Santos, 451 U.S. 156 (1981). HMB argued that vessel owners owe only three narrow duties to such workers, and these duties do not arise until the vessel is “turned over” to the contractor to begin work. Absent this turnover, no duties could ever arise, so there could be no breach of them as a matter of law. The Court agreed; based on the Plaintiff’s own pleadings, the vessel had never been turned over, and thus, Plaintiff’s complaint failed to state a claim upon which relief may be granted. The Court dismissed Plaintiff’s claims with prejudice.

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Email

Extra Phones

Phone: (305) 371-3788

Phone: (305) 349-2066

TollFree: (844) 909-0510

Location

Republic National Bank Bldg

Neighborhoods

Downtown Miami, Miami Central Business District

AKA

Hamilton Law Firm

Hamilton Miller & Birthisel

The Hamilton Law Firm

Other Links

http://www.hamiltonfamilylaw.com

http://www.hamiltonfamilylaw.com/contact-us

http://hamiltonmillerlaw.com

https://hamiltonmillerlaw.com/offices

Categories

Attorneys, Business Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Employee Benefits & Worker Compensation Attorneys, Family Law Attorneys, Legal Service Plans, Malpractice Law Attorneys, Medical Malpractice Attorneys, Patent, Trademark & Copyright Law Attorneys, Personal Injury Law Attorneys, Professional Liability & Negligence Law Attorneys, Workers Compensation Assistance, Wrongful Death Attorneys

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Phone: (305) 379-3686

Address: 150 SE 2nd Ave, Miami, FL 33131

Website: http://www.hamiltonfamilylaw.com

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Hamilton & Miller PA

Wrongful Death
Jules Massee and Brandon Bushway obtained judgment on the pleadings and complete dismissal of all claims in a wrongful death case brought against client vessel owner under §905(b) of the Longshore and Harbor Workers’ Compensation Act. The Decedent allegedly drowned after falling from a floating platform, tied to a dock, adjacent to the vessel. Because the Decedent worked for a contractor hired to detail the vessel, Decedent’s estate filed suit against the vessel owner. HMB moved for judgment, arguing that, after several attempts, Plaintiff failed to properly plead or establish a duty owed by the vessel to Decedent under Scindia Steam Navigation Co. v. De Los Santos, 451 U.S. 156 (1981). HMB argued that vessel owners owe only three narrow duties to such workers, and these duties do not arise until the vessel is “turned over” to the contractor to begin work. Absent this turnover, no duties could ever arise, so there could be no breach of them as a matter of law. The Court agreed; based on the Plaintiff’s own pleadings, the vessel had never been turned over, and thus, Plaintiff’s complaint failed to state a claim upon which relief may be granted. The Court dismissed Plaintiff’s claims with prejudice.
Fraud
We are trial lawyers. Our attorneys have dedicated their entire careers to specializing in the areas of insurance defense and coverage, general liability defense, transportation and trucking, property and casualty, employment, professional liability, insurance fraud, admiralty and maritime, products liability, commercial litigation and commercial transactions. Our lawyers are available to discuss any aspect of your case 24/7. HM&B’s emergency action response team can investigate any situation immediately, regardless of the jurisdiction and we take pride in exceeding all our of clients’ expectations.

Business and Corporate Law

Corporate Law
Hamilton, Miller & Birthisel was founded by attorneys dedicated to the practice of admiralty and maritime, transportation, personal injury defense, international, hospitality, commercial litigation, medical and professional malpractice defense, property and casualty, premises liability, negligent security, construction, subrogation, insurance coverage and bad faith, insurance fraud, and products liability law. We have an experienced corporate law practice group that negotiates and drafts all manner of business contracts. We also provide ancillary services, including emergency and crisis management, corporate training, and arbitration.
Business Transactions
Intellectual Property

Workers Compensation

Premises Liability
Clients have entrusted our lawyers with their most complex, high-exposure matters. Our lawyers have defended thousands of cases involving personal injury and wrongful death defense; marine disasters, crew claims, passenger claims, aviation cargo claims, surface transportation disasters and cargo claims, all manner of transportation related civil litigation and transactional matters, products liability, medical and professional malpractice, hospitality industry claims, negligent security, premises liability, insurance coverage and bad faith, insurance fraud, and a wide variety of international disputes.

Personal Injury
We are trial lawyers. Our attorneys have dedicated their entire careers to specializing in the areas of admiralty/maritime law, personal injury defense, premises liability, insurance defense and coverage, fraud, transportation/trucking and commercial litigation and transactions. Our lawyers are available to discuss any aspect of your case 24/7. HM&B’s emergency action response team can investigate any situation immediately, regardless of the jurisdiction and we take pride in exceeding all our of client’s expectations.
Medical Malpractice

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