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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.