Legal Opinion

Inter Ocean Ship Repairs, L.L.C. v. Aries Ship Management

District Court, S.D. New York

Decided February 13, 2009No. 09 Civ. 323(RJH)Published

1Opinion of the Court

MEMORANDUM ORDER

RICHARD J. HOLWELL, District Judge:

This case presents the recurring question of whether process of maritime attachment and garnishment may be ordered where the plaintiff lacks definite plans to initiate litigation or arbitration. The Court holds that the answer to that question is “no.”

On January 13, 2009, plaintiff Inter Ocean Ship Repairs, L.L.C. filed a verified complaint praying that the Court issue an order for maritime attachment and garnishment against so much of defendant Aries Ship Management’s property as could be located in this district. See Supp. Admiralty and…

2Cases cited8 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Shaffer v. HeitnerSupreme Court of the United States · 1977
  3. Sinochem International Co. v. Malaysia International Shipping Corp.Supreme Court of the United States · 2007
  4. Aqua Stoli Shipping Ltd. v. Gardner Smith Pty Ltd., Docket No. 05-5385-CvCourt of Appeals for the Second Circuit · 2006
  5. Winter Storm Shipping, Ltd. v. TpiCourt of Appeals for the Second Circuit · 2002

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