· 7/31/2006
Aqua Stoli Shipping Ltd. v. Gardner Smith Pty Ltd., Docket No. 05-5385-Cv
Citations
- 460 F.3d 434
- 2006 A.M.C. 1872
- 2006 U.S. App. LEXIS 19302
- 2006 WL 2129336
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “Rule B specifies the sum total of what must be shown for a valid maritime attachment”
- holding that for a Rule B attachment to issue, plaintiff must state a “valid prima facie admiralty claim against the defendant”
- noting that equitable vacatur applies only in “limited circumstances”
- discussing the 2 limited circumstances under which districts courts may exercise discretion to vacate Rule B 3 attachment orders based on equitable grounds
- requiring a Rule B plaintiff to state “a valid prima facie admiralty claim against the defendant”
- “The Advisory Committee’s notes ... nowhere intimate that the Court was also adopting the standards for vacatur that the Eastern and Southern Districts then practiced.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Walker, Cardamone, Sotomayor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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