Daniel J. Fitzgerald
Other Court Admissions:
Mr. Fitzgerald has more than 20 years experience handling all types of marine claims. He graduated with distinction from the State University of New York, Maritime College where he obtained a U.S. Coast Guard Unlimited Tonnage deck officer’s license. He served in the U.S. Coast Guard for over 28 years, and recently retired in the rank of Captain (O-6) from U.S. Coast Guard Headquarters in Washington, D.C. where he served as the Senior Reserve Judge Advocate General (RJAG) for the entire Coast Guard Reserve. He earned his law degree attending the Evening Division of New York Law School while serving on active duty conducting casualty investigations and vessel inspections. He has been practicing maritime law since 2001, joined FHM in August of 2005 and became partner in January 2012.
Mr. Fitzgerald’s practice concentrates on maritime, international, and environmental law. He regularly advises clients on major marine casualties, environmental maritime compliance and pollution response and has conducted numerous on-board investigations in various U.S. and foreign jurisdictions. His litigation practice focuses on personal injury, wrongful death, oil spills, groundings and high-profile marine casualties. Chambers USA notes that “he is incredibly efficient and very responsive” and “Daniel is very hands-on, has good client services skills and is extremely helpful.”
Mr. Fitzgerald has extensive experience representing clients at U.S. Coast Guard and National Transportation Safety Board hearings.
Mr. Fitzgerald is a frequent presenter on environmental criminal, regulatory and compliance issues. He has been recognized by The Legal 500 – USA, Chambers USA and the Irish Legal 100.
- Cajeira v. Skrunda Navigation, 2011 WL 5080301 (D. N.J. 2011) Stevedore’s claim dismissed as a matter of law because he could not demonstrate any violation of ship owner’s duties.
- Represented vessel owners & operators in investigation and prosecution of MARPOL and the Act to Prevent Pollution from Ships violations. Provided regulatory compliance counseling related to U.S. Coast Guard and Environmental Protection Agency regulations.
- Successfully represented the owners of a commercial passenger vessel allegedly involved in a fatal boating accident in New York Harbor.
- Defense of Jones Act and passenger injury claims against marine entities and vessel owners.
- Defends and coordinates ship owners’ response to oil pollution incidents and provides general operational compliance advice to various marine interests.
- "Limitation of Liability for Tugboat Operators" - Presentation at the SUNY Maritime 17th Annual Towing Industry Forum, New York, March 2017
- “Crew Claims and U.S. Coast Guard Investigations” - Presentation at the annual Passenger Vessel Association, Seattle, Washington, January 2017
- Navigating Subchapter M - Published in UK Club publication US Bodily Injury News, Summer 2016 issue.
- "Crew Member Whistleblowers" Presentation at the annual Passenger Vessel Association, Long Beach, California, January 2015
- "The Legal Consequences of 46 CFR Subchapter M" - Presentation at Annual Towing Forum of the Maritime College of the State University of New York. An article based on the presentation was published in the November 2014 edition of the Maritime Reporter. Click here to view the article.
- "A Primer on Limitation of Liability for Small Passenger Vessel Operators" - Presentation at the Passenger Vessel Association Convention, Houston, January 2014.
- Emerging Ethics Issues and Cases Updates – Presentation at the Spring meeting of the U.S. Maritime Law Association, New York, May 2013.
- Social Media: Friend or Foe? – Presentation at the U.S. Maritime Law Association Continuing Legal Education program, New York, May 2012.
- Narrow Channel Collision Prevention - Presentation at the SUNY Maritime Annual Towing Forum, New York, October 2010.
- US Coast Guard Medical Evacuations - Published in UK Club publication US Bodily Injury News, July 2010 issue. Co-authored with Karen Hildebrandt of Thomas Miller (Americas) Inc.
- Monday Morning Quarterbacking - Don't Become Next Year's Legal Case Study - Presentation at annual convention of the Passenger Vessel Association, February 2010.
- Towing Regulations - Liability and Legal Consequences – Presentation at SUNY Maritime Annual Towing Forum, New York, October 2009.
- Liability & Legal Consequences for the Assistance Towing Industry – Presentation at the Sea Tow Annual Convention, December 2009.
- Legal Responsibilities of Vessel Masters – Presentation at Annual Port of New York/New Jersey Passenger Vessel Industry Day, New York, March 2006.