Maritime Attachment
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue maritime attachment:
ContiChem
LPG v. Parsons Shipping Co.
Second Circuit Court of Appeals
October 11, 2000
Maritime Attachment: plaintiff improperly
attempted to circumvent the rule against a Rule B maritime attachment of
property not yet in the bank's possession by improperly using a temporary
restraining order under state law to prohibit the transfer of funds out
of the district before the Rule B attachment could be served, thus the
District Court's order vacating the Rule B maritime attachment of those
funds was upheld; Arbitration: plaintiff was not entitled to a state
law attachment under New York C.P.L.R. 7502(c) since that provision only
allows attachment in aid of domestic arbitration and is consequently not
available in aid of London arbitration.
Submersible
Systems v. Perforadora Central
Fifth Circuit Court of Appeals
May 4, 2001
Procedure (Personal Jurisdiction):
claims falling within the admiralty jurisdiction of the federal courts
are claims "arising under federal law" for the purposes of Rule 4(k)(2)
of the Federal Rules of Civil Procedure, which provides that "serving a
summons or filing a waiver of service is also effective, with respect to
claims arising under federal law, to establish personal jurisdiction over
the person of any defendant who is not subject to the courts of general
jurisdiction of any state"; Rule 4(k)(2) requires a court to consider a
defendant's contacts with the United States as a whole, which in this case
did not confer personal jurisdiction since the defendant's contacts with
the United States were not "continuous and systematic"; Maritime Attachment:
the district court was correct in denying plaintiff's application
for a Rule B attachment since plaintiff failed to file an affidavit concerning
the presence of the defendant within the district as required by Rule B. |