Bond Substitutes for Res

Monday, August 15, 2005
The U.S. Court of Appeals for the Ninth Circuit ruled that as long as there is a valid seizure of the res at the initiation of an in rem proceeding, jurisdiction is not lost by substitution of a bond followed by return of the bond under court order. In the instant case, plaintiff brought an in rem admiralty action against three fishing vessels to execute a necessaries lien and the vessels were arrested. The owners made a restricted appearance and posted a bond to obtain release of the vessels. The trial court then granted defendants’ motion for summary judgment and ordered the bond to be returned. The appellate court reversed the summary judgment decision and remanded the case. The trial court then held that it lacked jurisdiction because the bond had been returned. On this second appeal, the court held that when the vessels were seized by order of the court and brought within its control, jurisdiction was complete and the subsequent return of the bond did not divest the court of its continuing jurisdiction. Ventura Packers, Inc. v. F/V Jeanine Kathleen, No. 03-56547 (9th Cir., HK Law)
Maritime Reporter November 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

People & Company News

Transpacific Container Shippers Plan Price Rise

A container shipping organisation urged companies on Wednesday to raise Asia-U.S. freight rates by at least $600 per 40-foot container (FEU) from Jan. 15, corresponding to an increase of 26.

DP World: Shareholders Back EZW buy, London Delisting

Shareholders of DP World have approved buying Economic Zones World from its majority shareholder and also backed the port operator's delisting from the London Stock Exchange,

Maersk to Continue Russian Operations

Denmark's A.P. Moller-Maersk said its four subsidiaries with activities in Russia continue to operate as planned despite the recent sharp drop in oil price and the rouble's collapse.

Legal

DP World: Shareholders Back EZW buy, London Delisting

Shareholders of DP World have approved buying Economic Zones World from its majority shareholder and also backed the port operator's delisting from the London Stock Exchange,

Maersk to Continue Russian Operations

Denmark's A.P. Moller-Maersk said its four subsidiaries with activities in Russia continue to operate as planned despite the recent sharp drop in oil price and the rouble's collapse.

EU Bans Crimea Investment, Targets Oil, Cruise Sectors

Measures take effect on Saturday; aim is to keep pressure on Russia over Ukraine. The European Union banned investment in Crimea on Thursday, halting European

 
 
Maritime Contracts Maritime Security Maritime Standards Offshore Oil Port Authority Ship Electronics Ship Repair Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.2219 sec (5 req/sec)