Hawknet, Ltd. v. Overseas Shipping Agencies

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Submitted: June 16, 2009

Before: WINTER, CABRANES, HALL, Circuit Judges.

In our recent decision in Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd., __ F.3d __, No. 08-3477, 2009 WL 3319675 (2d Cir. Oct. 16, 2009), decided while the instant case was sub judice, we held that an electronic funds transfer (“EFT”) was not property attachable under a maritime attachment order in the district courts of New York pursuant to Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure (“Rule B” of the “Admiralty Rules”).*fn1 The present case is an appeal from an order entered on May 6, 2009 by the United States District Court for the Southern District of New York (Naomi Reice Buchwald, Judge) vacating a maritime attachment order. It raises the question of whether the rule announced in Shipping Corp. of India applies retroactively. This appeal also raises the question of whether a party’s failure to assert an argument prior to the announcement of a decision which might support it constitutes waiver.

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