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ARTICLE · 26 MARCH 2009

Second Circuit Decision Will Limit Rule B Attachments

The past six years witnessed the spawning of what one New York court termed a “cottage industry for Rule B attachments” of Electronic Fund Transfers (EFT).

United StatesTransport

The past six years witnessed the spawning of what one New York court termed a "cottage industry for Rule B attachments" of Electronic Fund Transfers (EFT). On March 19, 2009, however, the Second Circuit Court of Appeals, issued an opinion in STX Panocean (UK) Ltd v. Glory Wealth Shipping PTE Ltd, 2009 WL 704722, which is likely to cause a slow down of these attachments. By registering with the New York Secretary of State to do business in New York, and appointing an agent for the receipt of process, a foreign defendant can prevent the Rule B attachment.

Because of the international nature of maritime commerce and the transitory nature of maritime assets, a maritime asset, such as ship or cargo, can be seized, if it is found within the court's jurisdiction. Maritime attachments are considerably easier to obtain than other prejudgment attachments. The plaintiff simply asserts the maritime transaction, that the defendant can not be found within the court's jurisdiction,

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