Legal Opinion

Aqua Stoli Shipping Ltd. v. Gardner Smith Pty Ltd.

District Court, S.D. New York

Decided September 4, 2005No. 05 Civ. 6929(JSR)PublishedCited by 9 opinions

1Opinion of the Court

OPINION AND ORDER

RAKOFF, District Judge.

This case presents a question that has taken on heightened significance because of recent developments in the hoary law of maritime attachments: whether a district court has the authority to vacate a maritime attachment that, while facially complying with the statutory requirements, does not meaningfully serve the purposes such attachments are meant to advance and/or creates harm to the attached party that substantially outweighs the benefits to the attaching party. The Court finds that a district court has such authority and that the exercise of that…

2Cases cited5 opinions

  1. Winter Storm Shipping, Ltd. v. TpiCourt of Appeals for the Second Circuit · 2002
  2. Integrated Container Service, Inc. v. Starlines Container Shipping, Ltd.District Court, S.D. New York · 1979
  3. Sg Cowen Securities Corporation v. Robert W. MessihCourt of Appeals for the Second Circuit · 2000
  4. Seawind Compania, S.A. v. Crescent Line, Inc.Court of Appeals for the Second Circuit · 1963
  5. Royal Swan Navigation Co. v. Global Container Lines, Ltd.District Court, S.D. New York · 1994

3Cited by9 opinions

  1. Aqua Stoli Shipping Ltd. v. Gardner Smith Pty Ltd., Docket No. 05-5385-CvCourt of Appeals for the Second Circuit · 2006
  2. Wajilam Exports (Singapore) Pte. Ltd. v. ATL Shipping Ltd.District Court, S.D. New York · 2006
  3. Maersk, Inc. v. Neewra, Inc.District Court, S.D. New York · 2006
  4. Ullises Shipping Corp. v. FAL Shipping Co. Ltd.District Court, S.D. New York · 2006
  5. Erne Shipping Inc. v. HBC Hamburg Bulk Carriers GmBH & Co. KGDistrict Court, S.D. New York · 2006

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