Paddack v. Rasmussen

This is an action brought for damages for the wrongful removal of a vessel, The Nordic Monarch, from Oregon resulting in the inability of plaintiffs to foreclose their lien. The trial court granted defendants’ motion for summary judgment on the grounds that plaintiffs’ lien had not been perfected and that removal of the vessel was therefore not wrongful. The Court of Appeals affirmed, holding that “seizure of the lien-subject vessel is a condition precedent to the protection of the lien” and that wrongful removal cannot occur in the absence of a perfected lien. Paddack v. Rasmussen, 59 Or App…