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Maritime Litigation is one of the firms foremost areas of expertise. Services include:

Maxi Creighton's Naturally colliding with the ULDB Donney Brook during Antigua Race Week 1997 resulting in a total loss. No personal injuries were reported. Fertig & Gramling resolved the hull claim and pursued the subrogation action against the Maxi.

 

Protection & Indemnity: Maritime torts, death and personal injury suits, passenger liability, Jones Act unseaworthiness, seamen's maintenance and cure claims. 

Hull: Valuation, Latent Defect Clause, theft, stranding, product liability, sinkings and misrepresentation.

 

Cargo: Defense of carriers, freight forwarders and custom brokers. 

Salvage: Representation of vessels against claims of salvors and attendant environmental damage, defense of violations of the National Marine Sanctuary Act & Pollution. 

Ship Repairer's Legal Liability: Representation of boatyards, shipyards and other marine repair facilities for negligent repair, warranty and product liability claims. 

Fertig & Gramling client, Nance Frank, at the helm of the U.S. Woman Challenge, 1994 Whitbred Round the World Race

 

1996, the M/V Britannia (left) burned to the waterline damaging the S/Y Centurian (right) owned by Kelly McGillis. Fertig & Gramling acted as lead counsel for the various subrogation interests of the S/Y Centurian against the owner and builder of the Britannia.

Marina Operator's Liability: Liability and property damage claims including floating, property, stored vessels and weather-related damage.

Reef/Environmental Damage: Defense of carriers, shipping companies, and operators against claims arising from accidental damage to reefs and man-made structures.

Marine Artisan: Representation of marine coating applicators, mechanics and yacht care specialists.

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The law firm of Fertig & Gramling provides malpractice representation for:

Attorney
Attorney's malpractice claims arising from litigation, commercial transactions, breach of fiduciary duty, matrimonial and family law, real estate, estate planning and wills.

Accountants
Defense of accountants for suits arising from tax advice, financial statements, financial planning, expert testimony, corporate and personal returns, and tax shelters.

Insurance Professionals
Brokers, retail agents, surplus lines agents, MGA's, co-brokered transactions, adjusters, premium finance, and failure to proceed cancellations.

Educators
Representation of educational professionals against adverse liability and discipline claims.

Engineers/Architects
Design and planning, supervision, inspection, consultation, structural and design defects.

Nursing/Midwives
Private and hospital care, breach of standard  of care.

Home Health Agencies
Training, supervision and employment claims, quality care claims.

Police Officer/Law Enforcement
Defense of excessive use of force, violation of civil rights, malicious prosecution and wrongful arrest claims.

 

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Commercial Trucking Liability: Defense of truckers and trucking companies in property and bodily injury claims.

Bar & Tavern Owners: Defense of liquor liability/dram shop claims, general liability, assault and battery, bodily injury and property claims.

Condominiums & Homeowners: Defense of condominium association and homeowners association personnel and advertising injury, bodily injury and property damage claims, as well as defense of association and officers for errors and omissions, wrongful or selective enforcement of claims.

 

The aftermath of a multi vehicle collision.  Fertig & Gramling defended the truck owner.

 

Contaminated white grapefruit juice arriving in Japan. The Claim against the drum manufactourer was resolved my Fertig & Gramling

Employment Liability: Defense for wrongful termination, discrimination, Title VII, Drug Free Workplace, Whistle-Blowers Act and restraint of trade claims at agency proceedings in Federal and State courts.

Guard Services: Inadequate security, excessive force, false arrest, imprisonment, and assault and battery claims.


Director and Officer Liability:
Defense of sexual harassment, discrimination, slander, libel or other personal injury liability claims, breach of fiduciary duty, or conflict of interest suits.

Retail Establishments: Slip and fall/bodily injury claim, false arrest, misrepresentation, and discrimination cases.

Pest Control Companies: Chemical contamination or poisoning cases from misapplication of product or improper choice of pesticide for fumigation services.

Nursing Homes: Defense of resident and supervisor clause for bodily injury, wrongful death and malpractice claims, and violation of patient and resident rights claims.

Adult Congregate Living Facilities (ACLF's): Representation of facility and staff for personal injury and bodily injury claims as well as civil rights claims.

Daycare Centers: Negligent training and supervision, child abuse, bodily injury, and personal injury claims.

Product Liability: Defense of negligent design and engineering, breach of warranty, and strict product liability claims, as well as trademark and potential infringement claims. 

 

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Fertig & Gramling's newest division, elder law, estate planning and probate administration, deals with the establishment and administration of trusts, guardianships and estates. The firm offers expert legal advice concerning estate planning, living wills and advanced directives, probating of wills and codicils, homestead and real estate needs. Our commitment to service in these areas extends to extremely technical or out-of-state matters, which we can coordinate and supervise.

Estate Planning:Planning for the transfer and preservation of assets upon death and disability.

Elder Law and Pre-need Planning: Preparation of Living Wills, Advance Directives, Inter Vivos Trust, Powers of Attorney, and guardianships to insure implementation of the desires of the client should they become incapacitated. Representation of guardians and healthcare surrogates.

Probate Administration: Facilitate distribution of assets pursuant to trust of testamentary instruments. Supervise the marshaling, sale and distribution of estate assets. Cooperate with out-of-state counsel concerning the administration of foreign assets and ancillary estates. Representation of personal representatives. Coordination of estate and fiduciary tax returns prepared by tax or investment advisors and accountants.

Real Estate Transaction: Representation of purchasers or sellers of residential or commercial property.

 

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A dry rack boat storage facility containing 278 boats. Fertig & Gramling managed the preservation and removal of the boats without a single property damage or liability claim resulting.

First party claims involving fraud valuation, jewelers block, auto physical damage.

Property Damage: Vehicles, docks and landings, storm, fire, wind, and accidents.

Cargo & Motor Truck Cargo (MTC): Damage to goods in transit under waybills, warehouse receipts, Carmack liability, COGSA, Warsaw Convention, Harter Act, and Hague Convention.

Commercial Vehicles: First and third-party damage claims to commercial vehicles including valuation, use, and misrepresentation.

Inventory: First and third-party claims for fire and water damage, jewelers block, perfume, electronics, raw materials, consignment of goods, valuation and pro-ration of insurance, and reporting clauses.

Commercial Structures: Cause and origin, arson, valuation, co-insurance, betterments, code compliance.

 

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