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Our admiralty and maritime practice group is headed by James T. Lang, a retired U.S. Navy JAG, with deep admiralty and maritime legal experience gained during a 25 year career with the Navy, including four years in worldwide maritime legal practice as an Admiralty Attorney in the Admiralty Division based at Navy JAG Headquarters, and civilian admiralty experience in the Commonwealth of Virginia as the lead attorney defending a contracting firm against LHWCA claim brought by injured worker (2008) and as the lead attorney on a high visibility and extremely complicated admiralty case arising out of the Chincoteague Bridge Project (2009). Attorney Mark R. Baumgartner is a key member of this practice group. He is one of the very few maritime attorneys in Hampton Roads who ever held a license as a Master (50 tons power and sail) and he hones his open-ocean navigation skills on voyages under sail from Norfolk to Nova Scotia, and elsewhere. Mr. Baumgartner is experienced in vessel documentation, he is a published author in the field of admiralty jurisdiction.
A sampling of results achieved by our seasoned and accomplished professionals includes the following:
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As special counsel to Virginia Department of Transportation, lead attorney defending VDOT in multi-party complex admiralty action where plaintiffs claimed several million dollars damage to 20+ acres of leased shellfish beds in Chincoteague Bay due to activities during construction of Chincoteague Bridge. Appearances in Circuit Court, U.S. District Court (after vessel owner filed limitation action), and U.S. Court of Appeals. Forced plaintiffs to accept nominal settlement following 18 months of admiralty litigation.
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Lead attorney defending contracting firm against injury claim brought against it by employee working at coal piers in Newport News. Case arose in the jurisdictional “twilight zone” with concurrent coverage under Longshoreman and Harbor Workers Compensation Act and the Virginia Workers’ Compensation Act.
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Lead attorney negotiating more than $2.5M in Navy admiralty recoveries from tortfeasors worldwide who had damaged vessels and shore infrastructure.
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Lead attorney defending Navy in personal injury/death claim after T-2 jet aircraft crashed onto aircraft carrier, killing contractor working on flight deck.
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Lead attorney prosecuting the Navy’s largest collision/allision cases resulting in $1.4M recovery from Waterman Steamship Lines (USS CYCLONE in New Orleans, Louisiana), $600k recovery from Italian shipping line (USS COMTE DE GRASSE in Naples, Italy), and $600k from Italian shipping line (USNS BOWDITCH in Rio de Janeiro, Brazil) .
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Litigation support to U.S. Department of Justice in approximately 80 admiralty cases involving collision, salvage, and personal injury. Subject matter included LHWCA, DOHSA, Wreck Act, Rivers and Harbors Act, Jones Act, salvage, collision, & historic preservation.
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Provided environmental legal and policy advice for the ships and submarines of the U.S. Atlantic Fleet operating at-sea worldwide and for Navy bases located throughout the eastern U.S. Advice included (but not limited to) OPA 90, MPRSA, MMPA, ESA, CWA, CAA (including NESHAPS), RCRA, CZMA, NEPA, NHPA and APA.
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Led the Navy/U.S. DOJ legal team that designed and implemented the environmental legal strategy for re-opening the Navys training facility on Vieques Island, Puerto Rico. Key member of the Navy/DOJ litigation team that persuaded four different federal courts, between 2000 and 2002, to reject twenty legal challenges to vessel and flight operations, resulting in uninterrupted usage of the facility to prepare hundreds of Navy units for duty in the War on Terror.
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Furnished advice regarding OPA 90 liabilities (including Natural Resource damage Assessments, civil and criminal liability associated with OHS spills).
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Participated in numerous drills and exercises, to include tabletop exercises under auspices of MSO Hampton Roads.
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