Mark F. Muller
Mark F. Muller Of Counsel EMAIL: muller@freehill.com TEL: 212-381-3010 SERVICES Occupational Disease Defense Personal Injury EDUCATION Randolph-Macon College, B.A., 1976, Phi Beta Kappa University of Richmond, J.D., 1978 Other Court Admissions U.S. Court of Appeals, Second, Third and Eleventh Circuits U.S. District Court, Southern, Eastern and Western Districts of New York U.S. District Court, District of New Jersey State Courts of Connecticut Representative Cases Brozyna v. Niagara Gorge Jetboating, Ltd., - Passenger's claim dismissed because she signed waiver and release before embarking upon jetboat ride on Niagara River during which time she broke her back. 2011 U.S. Dist. LEXIS 111546 (W.D.N.Y. 2011). Dixon v. Bridgeport and Port Jefferson Steamboat Co. - Ship's Purser had heart attack and died after participating in vessel's lifesaving and fire drills. Summary judgment granted because there was no evidence of negligence or unseaworthiness. 2010 Conn. Super. LEXIS 2676, 2011 AMC 32 (Conn. Super. Ct. 2010).) Casser v. McAllister Towing and Transportation - Port Engineer’s Jones Act case dismissed as a matter of law because he could not satisfy seaman status test. 2010 U.S. Dist. LEXIS 130462 (S.D.N.Y. 2010).) Corrado v Creek Towing, summary judgment dismissing seaman's case who was injured while walking across third party's yard. 1990 AMC 1683 (N.Y. Sup. Ct. 1990). Currently advising client on case involving explosion and fire in engine room killing Chief Engineer and resulting in $3 million plus in hull damages. Reported Decisions: Brozyna v. Niagara Gorge Jetboating, Ltd., 2011 U.S. Dist. LEXIS 111546 (W.D.N.Y. 2011). Charles Casser v. McAllister Towing And Transportation Company Et Al., 2010 U.S. Dist. LEXIS 130462 (S.D.N.Y. 2010). Ina Dixon, Et Al. v. The Bridgeport & Port Jefferson Steamboat Company, 2010 Conn. Super. LEXIS 2676, 2011 AMC 32 (Conn. Super. Ct. 2010). Constantine v. Portland Tugboat, Llc, 2010 U.S. Dist. Lexis 111274, (D. Me. 2010). Shambreskis v. Bridgeport & Port Jefferson Steamboat Co., 2008 U.S. Dist. Lexis 37841 (E.D.N.Y. 2008). Shambreskis v. Bridgeport & Port Jefferson Steamboat Co., 2006 U.S. Dist Lexis 78926 (E.D.N.Y. 2006). Green v. McAllister Bros., 2005 U.S. Dist. Lexis 4816 (S.D.N.Y. 2005). Green v. McAllister Bros., 2005 U.S. Dist. Lexis 19789 (S.D.N.Y. 2005). Smith v. McAllister Towing Of N.Y., LLC, 361 F. Supp. 2d 348 (S.D.N.Y. 2005). Modlin v. McAllister Bros., Inc., 2004 AMC 2167 (S.D.N.Y. 2004). McGuire v. Bridgeport & Port Jefferson Steamboat Co., 2001 U.S. Dist. Lexis 19753 (S.D.N.Y. 2001). Reeves v. Mobile Dredging & Pumping Co., 26 F.3d 1247 (3d. Cir. N.J. 1994). Matute v. Lloyd Bermuda Lines, Ltd., 931 F.2d 231, 1991 AMC 1830 (3d Cir. N.J. 1991). Solly Corrado, Et Al. v. Creek Towing Corporation, Et Al., 1990 AMC 1683 (N.Y. Sup. Ct. 1990). Earl v. Bouchard Transp. Co., 917 F.2d 1320, 1991 AMC 1060 (2d Cir. N.Y. 1990). Hayes v. Wilh Wilhelmsen Enterprises, Ltd., 818 F.2d 1557, 1988 AMC 259 (11th Cir. Fla. 1987). Presentations and Publications An Overview Of Maritime Litigation In The United States - Presentation at the West of England P&I Club, London, June, 2010, together with FHM partner John Karpousis. New Reporting Requirements of the Medicare, Medicaid and SCHIP Extension Act of 2007 - Address at The Standard P&I Club Forum, New York, November 2009. Law Governing Seaman and Longshore Personal Injury Cases and Criminal Liability in the Maritime Industry - Address delivered at Hyundai America Shipping, New Jersey, February 2006. Professional Affiliations New York State Bar Association Maritime Law Association of the United States Passenger Vessel Association Areas of Practice Text Occupational Disease Defense Personal Injury Experience Mr. Muller’s primary area of practice is the defense of maritime personal injury claims, including passenger, longshoremen and seamen cases in which he has over 30 years of experience. He also has defended numerous cases involving occupational diseases, such as those relating to exposure to asbestos and benzene. Mr. Muller has tried both jury and non-jury cases in New York State and Federal Courts and has argued appeals in both Federal and State appellate courts. He has lectured at various seminars on personal injury topics. Mr. Muller has received the highest AV preeminent rating from Martindale-Hubbell and has been consistently rated as a leading maritime attorney by publications such as Legal 500, New York Super Lawyers and The Best Lawyers in America Guide.
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Mark F. Muller

Of Counsel

EMAIL: muller@freehill.com

TEL: 212-381-3010

SERVICES

Occupational Disease Defense
Personal Injury

EDUCATION

Randolph-Macon College, B.A., 1976, Phi Beta Kappa
University of Richmond, J.D., 1978

Other Court Admissions

U.S. Court of Appeals, Second, Third and Eleventh Circuits
U.S. District Court, Southern, Eastern and Western Districts of New York
U.S. District Court, District of New Jersey
State Courts of Connecticut

Representative Cases

Brozyna v. Niagara Gorge Jetboating, Ltd., - Passenger's claim dismissed because she signed waiver and release before embarking upon jetboat ride on Niagara River during which time she broke her back. 2011 U.S. Dist. LEXIS 111546 (W.D.N.Y. 2011).
Dixon v. Bridgeport and Port Jefferson Steamboat Co. - Ship's Purser had heart attack and died after participating in vessel's lifesaving and fire drills. Summary judgment granted because there was no evidence of negligence or unseaworthiness. 2010 Conn. Super. LEXIS 2676, 2011 AMC 32 (Conn. Super. Ct. 2010).)
Casser v. McAllister Towing and Transportation - Port Engineer’s Jones Act case dismissed as a matter of law because he could not satisfy seaman status test. 2010 U.S. Dist. LEXIS 130462 (S.D.N.Y. 2010).)
Corrado v Creek Towing, summary judgment dismissing seaman's case who was injured while walking across third party's yard. 1990 AMC 1683 (N.Y. Sup. Ct. 1990).
Currently advising client on case involving explosion and fire in engine room killing Chief Engineer and resulting in $3 million plus in hull damages.

Reported Decisions:

Brozyna v. Niagara Gorge Jetboating, Ltd., 2011 U.S. Dist. LEXIS 111546 (W.D.N.Y. 2011).
Charles Casser v. McAllister Towing And Transportation Company Et Al., 2010 U.S. Dist. LEXIS 130462 (S.D.N.Y. 2010).
Ina Dixon, Et Al. v. The Bridgeport & Port Jefferson Steamboat Company, 2010 Conn. Super. LEXIS 2676, 2011 AMC 32 (Conn. Super. Ct. 2010).
Constantine v. Portland Tugboat, Llc, 2010 U.S. Dist. Lexis 111274, (D. Me. 2010).
Shambreskis v. Bridgeport & Port Jefferson Steamboat Co., 2008 U.S. Dist. Lexis 37841 (E.D.N.Y. 2008).
Shambreskis v. Bridgeport & Port Jefferson Steamboat Co., 2006 U.S. Dist Lexis 78926 (E.D.N.Y. 2006).
Green v. McAllister Bros., 2005 U.S. Dist. Lexis 4816 (S.D.N.Y. 2005).
Green v. McAllister Bros., 2005 U.S. Dist. Lexis 19789 (S.D.N.Y. 2005).
Smith v. McAllister Towing Of N.Y., LLC, 361 F. Supp. 2d 348 (S.D.N.Y. 2005).
Modlin v. McAllister Bros., Inc., 2004 AMC 2167 (S.D.N.Y. 2004).
McGuire v. Bridgeport & Port Jefferson Steamboat Co., 2001 U.S. Dist. Lexis 19753 (S.D.N.Y. 2001).
Reeves v. Mobile Dredging & Pumping Co., 26 F.3d 1247 (3d. Cir. N.J. 1994).
Matute v. Lloyd Bermuda Lines, Ltd., 931 F.2d 231, 1991 AMC 1830 (3d Cir. N.J. 1991).
Solly Corrado, Et Al. v. Creek Towing Corporation, Et Al., 1990 AMC 1683 (N.Y. Sup. Ct. 1990).
Earl v. Bouchard Transp. Co., 917 F.2d 1320, 1991 AMC 1060 (2d Cir. N.Y. 1990).
Hayes v. Wilh Wilhelmsen Enterprises, Ltd., 818 F.2d 1557, 1988 AMC 259 (11th Cir. Fla. 1987).

Presentations and Publications

An Overview Of Maritime Litigation In The United States - Presentation at the West of England P&I Club, London, June, 2010, together with FHM partner John Karpousis.
New Reporting Requirements of the Medicare, Medicaid and SCHIP Extension Act of 2007 - Address at The Standard P&I Club Forum, New York, November 2009.
Law Governing Seaman and Longshore Personal Injury Cases and Criminal Liability in the Maritime Industry - Address delivered at Hyundai America Shipping, New Jersey, February 2006.

Professional Affiliations

New York State Bar Association
Maritime Law Association of the United States
Passenger Vessel Association

Areas of Practice Text

Experience

Mr. Muller’s primary area of practice is the defense of maritime personal injury claims, including passenger, longshoremen and seamen cases in which he has over 30 years of experience. He also has defended numerous cases involving occupational diseases, such as those relating to exposure to asbestos and benzene. Mr. Muller has tried both jury and non-jury cases in New York State and Federal Courts and has argued appeals in both Federal and State appellate courts. He has lectured at various seminars on personal injury topics. Mr. Muller has received the highest AV preeminent rating from Martindale-Hubbell and has been consistently rated as a leading maritime attorney by publications such as Legal 500, New York Super Lawyers and The Best Lawyers in America Guide.