Legal Opinion
Aqua Stoli Shipping Ltd. v. Gardner Smith Pty Ltd., Docket No. 05-5385-Cv
Court of Appeals for the Second Circuit
Decided July 31, 2006No. 434PublishedCited by 132 opinions
1Opinion of the Court
JOHN M. WALKER, JR., Chief Judge.
Maritime attachment, used by parties in admiralty cases to secure jurisdiction over an absent party and to get security for a potential judgment where the absent party’s assets are transitory, is of ancient origins. In more recent times, admiralty litigants have creatively deployed this procedure to attach bank credits used in electronic fund transfers (“EFTs”) to or from parties absent from the district. Plaintiff Aqua Stoli Shipping Ltd. (“Aqua Stoli”) moved for an ex parte order of maritime attachment on such of defendant Gardner Smith Pty Ltd.’s (“Gardner…
2Cases cited40 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
- Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A.Supreme Court of the United States · 1950
- United States v. DaccarettCourt of Appeals for the Second Circuit · 1993
35 more not listed; retrieve them via the Exa API.
3Cited by132 opinions
- Harrington v. Atlantic Sounding Co., Inc.Court of Appeals for the Second Circuit · 2010
- Vitol, S.A. v. Primerose Shipping Co.Court of Appeals for the Fourth Circuit · 2013
- Sinoying Logistics Pte Ltd. v. Yi Da Xin Trading CorporationCourt of Appeals for the Second Circuit · 2010
- Shipping Corp. of India Ltd. v. Jaldhi Overseas PTE Ltd.Court of Appeals for the Second Circuit · 2009
- Williamson v. Recovery Ltd. PartnershipCourt of Appeals for the Second Circuit · 2008
127 more not listed; retrieve them via the Exa API.