Honors and Awards:

• Keith Brais is Certified with the Florida Bar in the field of Admiralty and Maritime Law.  Certification is the highest level of evaluation by The Florida Bar of competancy and professionalizm in practice.  In 1996, Keith Brais qualified for and passed the first ever Florida Bar certification examination in the field of Admiralty and Maritime Law.  In each of the five-year intervals following, Keith Brais again re-qualified and renewed his board certification which currently remains valid through April 31st, 2012.  As such, he has been board certified in this highly specialized area of law for 15 years.  Only practitioners with sufficient years practice and experience in the maritime field are allowed to sit for this certification. , Board Certified Admiralty & Maritime Law, The Florida Bar, 1996
• Keith Brais is AV Rated by Martindale-Hubbell (the international listing of attorneys).  The rating indicates that the attorney “has reached the height of professional excellance” and is recognized for the highest levels of skill and integrity.  As a consequence, the firm is rated AV with Martindale-Hubbell.  Martindale-Hubbell has been in the business of helping consumers to select skilled and professional attorneys for over 140 years.  Martindale-Hubbell evaluates lawyers in the United States and Canada.  Importantly, the rating opinions solicited by Martindale-Hubbell are collected randomly from the Bar and the Judiciary.  Each person completing a review form must attest to knowing the applicant and his or her opinion regarding the applicant’s ethics and skills is kept completely confidential., "AV" Rated , Martindale-Hubbell, 1998
• Keith Brais is a member of the Million Dollar Advocates Forum.  The Forum is recognized as one of the most prestigious groups of trial lawyers in the United States.  Membership is limited to attorneys who have won million dollar verdicts, awards and settlements.  The organization was founded in 1993 and there are approximately 3,000 members throughout the country.  Fewer than 1% of U.S. lawyers are members., Million Dollar Advocates Forum, Million Dollar Advocates Forum, 2010

Special Licenses/Certifications:

• Keith Brais sat for and passed the examination with the United States Coast Guard to acquire a 3rd. Assistant's Engineer's License, Unlimited Horse Power, Steam & Motor., 1981
• Keith Brais sat for and passed the examination with the United States Coast Guard to acquire a 2nd Assistant's Engineer's License, Unlimited Horse Power, Motor., 1985

Bar/Professional Activity:

• Keith Brais became a board member of the Maritime Law Association on the commitee for Pasenger Cruise Matters., 2010

Scholarly Lectures and Writings:

• To Deny Coverage or Not Deny Coverage: Questions Underwriters Must Ask When Deciding to Accept a Marine Claim Presented at the Fort Lauderdale Mariners Club 2002 Seminar, this paper discusses the various issues underwrites face when deciding to accept coverage for marine losses. Included in this paper, is an analysis of how the current law treats denial of claims for the following: accuracy of insurance applications, proper notice of claim, navigational restrictions, seaworthiness, latent defects, recklessness, capture/seizure and change of owner/management., 2002
• Ship’s Medical Negligence: Respondeat Superior or Strict Liability? Presented at the International Council of Cruise Lines 2006 Legal & Insurance Seminar, in Washington, D.C., this presentation illustrates shipowners’ direct and vicarious liability exposure stemming from malpractice of medical professionals working aboard their vessels., 2006
• Plowing Your Way into Environmental Liabilities in South Florida  Presented at the Fort Lauderdale Mariners Club 2006 Seminar, this paper showcases the liabilities, defenses and marine insurance implications associated with striking and grounding incidents resulting in environmental losses occurring in National Parks and Marine Sanctuaries., 2006
• The Shipowner’s Limitation of Liability Act: Pitfalls for the Unwary  Presented at the prestigious Southeastern Admiralty Law Institute’s 2006 Seminar in Savanna, Georgia, this paper provides a detailed discussion of the benefits and pitfalls of the Shipowner’s Limitation of Liability Act.  The paper is designed to serve as a beacon for maritime practitioners to navigate their way through this rocky statutory provision often utilized by shipowners and marine underwriters in an effort to limit liability to the post-incident value of a vessel regardless of actual damages., 2006

Verdicts and Settlements:

• Dolphin Cruise Line, Inc. v. Rubin, Fla. Ct. of Appeal, 4th Dist. (Ft. Lauderdale). Obtained favorable appellate opinion, overturning a lower court’s ruling, concerning the appropriate geographical location a passenger can bring a personal injury lawsuit against a carrier., 1992
• Wilson v. Butler, U.S. Dist. Ct., Middle Dist. of Fla. (Jacksonville). Argued the issues of seaman status and the viable claims a maritime day worker can bring against a vessel owner under the Longshore & Harbor Workers Compensation Act to a Federal Trial Court in Jacksonville, Florida., 1992
• Collins v. Dolphin Cruise Line, Fla. Ct. of Appeal, 3rd Dist. (Miami). Obtained a favorable decision on the enforceability of a cruise passenger ticket’s one year suit time provision., 1993
• Upmal v. Paradise Divers, Fla. Ct. Appeals, 3rd Dist. (Miami)Successfully argued that an investigator’s file in a personal injury case is protected from discovery under the work-product privilege., 1993
• Nurkiewicz v. Vacation Break U.S.A., Inc., Fla. Ct. of Appeal, 4th Dist. (Ft. Lauderdale). Achieved a favorable appellate ruling on the “primary duty doctrine” and availability of punitive damages in a personal injury case involving a yacht captain., 2000
• Proudfoot v. Seaescape, Ltd.  Fla. Ct. of Appeal, 3rd Dist. (Miami). Achieved a favorable appellate opinion on a cruise line’s duty to inspect, maintain, repair and/or clean a cruise ship terminal in a passenger’s personal injury case., 2003
• Downs v. Celebrity Cruises Inc., Fla. Ct. of Appeal, 3rd Dist. (Miami). Argued to a Florida Appellate Court the proper means of holding a law firm monetarily responsible for asserting frivolous claims against Brais & Brais’ client., 2003
• Markowski v. Royal Caribbean Cruises Ltd., Fla. 11th Judicial Cir. (Miami). Won summary judgment on “seaman status” in a personal injury case in State Court before the Honorable Jeri B. Cohen in Miami, Florida., 2004
• Callasso v. Morton & Co., U.S. Dist. Ct., Southern Dist. of Fla. (Miami). Won a favorable decision for Brais & Brais’ client in Federal Court before the Honorable K. Michael Moore in Miami, Florida, in a crewmember’s wrongful death case., 2004
• Ins. Co. of N. America v. HMY Yacht Sales, Inc., Fla. Ct. of Appeal, 3rd Dist. (Miami). Won appeal in State Court finding there was sufficient evidence for a jury to decide a negligence claim brought against a yacht broker for a fire aboard a yacht., 2004
• In re: Kampgrounds of America, U.S. Dist. Ct., Southern Dist. of Fla. (Key West). Won a Federal admiralty trial in a case involving the sinking of a pontoon boat in Federal Court before the Honorable James Lawrence King in Key West, Florida. , 2004
• In re: Waterfront License Corp., U.S Dist. Ct., Southern Dist. of Fla. (Ft. Lauderdale). Defeated a boat owner’s petition for exoneration or limitation of liability in a personal injury case in Federal Court before Chief Judge William J. Zloch in Ft. Lauderdale, Florida., 2005
• Upmal v. Paradise Divers, U.S. Ct. of Appeals, 11th Cir. (Atlanta). Argued to a Federal Appellate Court how the six-month statute of limitation should be calculated under the Shipowners’ Limitation of Liability Act., 2005
• In re: Arden Johnson, U.S. Dist. Ct., Southern Dist. of Ala. (Mobile). Won summary judgment finding that a provision in a marina storage contract exculpating the marina from its own negligence is unenforceable in Federal Court before the Honorable William H. Steele in Mobile, Alabama., 2005
• Isberner v. Celebrity Cruises Inc., U.S. Dist. Ct., Southern Dist. of Fla. (Miami). Obtained a favorable decision for Brais & Brais’ client concerning the enforceability of a cruise line excursion ticket’s exculpatory provision in a case involving a passenger’s personal injury in Federal Court before the Honorable Joan A. Lenard in Miami, Florida., 2006
• Dresdner Bank AG v. M/V Olympia Voyager, U.S. Ct. of Appeals, 11th Cir. (Atlanta). Argued to a Federal Appellate Court that Greek law establishes a preferred maritime lien for necessaries in a case where a Greek company provided over $5,500,000 worth of fuel bunkers to a cruise., 2006
• Upmal v. Paradise Divers, Inc., Fla. 16th Judicial Cir. (Marathon). Won a favorable decision on the availability of punitive damages for an employer’s failure to promptly pay a crewmember’s maintenance and cruise benefits in a personal injury case in State Court before the Honorable David J. Audlin, Jr. in Marathon, Florida., 2006
• Ortiz v. Celebrity Cruises Inc., U.S. Dist. Ct., Southern Dist. of Fla. (Miami). Achieved a favorable decision concerning the enforceability of a collective bargaining agreement’s provision in a crewmember’s personal injury case in Federal Court before the Honorable Marcia G. Cooke in Miami, Florida., 2006
• In re: Ocean Club Services, L.L.C., U.S. Bankruptcy Ct., Southern Dist. of Fla. (Miami). Obtained disbursement of bankruptcy funds representing the total contract amount due Brais & Brais’ client under a maritime necessary lien for passenger screening services provided to a cruise ship in Federal Bankruptcy court before Chief Bankruptcy Judge Robert A. Mark., 2006
• McRoberts Protective Agency, Inc. v. M/V San Tropez, U.S. Dist. Ct., Southern Dist. of Fla. (Miami). Obtained a settlement recovering the total contract amount due Brais & Brais’ client under a maritime necessary lien for passenger screening services provided to a casino gaming vessel., 2006
• Babbit v. Fisher Island Holdings, LLC., Fla. 11th Judicial Cir. (Miami).  Obtained a favorable jury verdict in a four (4) week trial in State Court before the Honorable Victoria Platzer in Miami, Florida, involving a ferryboat captain’s personal injury claim., 2006
• Hesterly v. Royal Caribbean Cruises Ltd., U.S. Dist. Ct., Southern Dist. of Fla. (Miami). Obtained a favorable decision for Brais & Brais’ client in a passenger’s medical malpractice claim against a cruise line in Federal Court before the Honorable Alan S. Gold in Miami, Florida., 2007
• Allen v. Royal Caribbean Cruises Ltd., U.S. Ct. of Appeals, 11th Cir. (Atlanta). Won an appeal in Federal Court regarding the enforcement of a collective bargaining agreement in a crewmember’s sexual assault claim., 2008
• Daniel v. Royal Caribbean Cruises, Fla. 11th Judicial Cir. (Miami). Obtained a favorable jury verdict in a three (3) week trial in State Court before the Honorable Ivan Fernandez in Miami, Florida, involving a crewmember’s personal injury claim., 2008
• Vacaru v. Royal Caribbean Cruises Ltd., U.S. Dist. Ct., Southern Dist of Fla. (Miami). Obtained a favorable decision for Brais & Brais’ client on the enforceability of a collective bargaining agreement’s provision in a crewmember’s personal injury case in Federal Court before the Honorable Ursula Ungaro in Miami, Florida., 2008
• Windward Associates v. M/Y Esterel, U.S. Dist. Ct., Middle Dist. of Fla. (Ft. Myers). Won $75,000 for a marine repairman in a four (4) day trial in Federal Court before the Honorable John E. Steele in Ft. Myers, Florida., 2009
• Confidential Settlement, Fla. 17th Judicial Cir. (Ft. Lauderdale). Obtained a $1,300,000 settlement for client in a marine products liability case., 2010

Educational Background:

• Before attending law school, Mr. Brais graduated from Massachusetts Maritime Academy with a Bachelor of Science degree in Marine Engineering and a United States Coast Guard (U.S.C.G.) Third Engineer's Unlimited Hosepower, Steam and Motor., 1981