Aqua Stoli Shipping Ltd. v. Gardner Smith Pty Ltd.
District Court, S.D. New York
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
- Winter Storm Shipping, Ltd. v. TpiCourt of Appeals for the Second Circuit · 2002
- Integrated Container Service, Inc. v. Starlines Container Shipping, Ltd.District Court, S.D. New York · 1979
- Sg Cowen Securities Corporation v. Robert W. MessihCourt of Appeals for the Second Circuit · 2000
- Seawind Compania, S.A. v. Crescent Line, Inc.Court of Appeals for the Second Circuit · 1963
- Royal Swan Navigation Co. v. Global Container Lines, Ltd.District Court, S.D. New York · 1994
3Cited by9 opinions
- Aqua Stoli Shipping Ltd. v. Gardner Smith Pty Ltd., Docket No. 05-5385-CvCourt of Appeals for the Second Circuit · 2006
- Wajilam Exports (Singapore) Pte. Ltd. v. ATL Shipping Ltd.District Court, S.D. New York · 2006
- Maersk, Inc. v. Neewra, Inc.District Court, S.D. New York · 2006
- Ullises Shipping Corp. v. FAL Shipping Co. Ltd.District Court, S.D. New York · 2006
- Erne Shipping Inc. v. HBC Hamburg Bulk Carriers GmBH & Co. KGDistrict Court, S.D. New York · 2006
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