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 June 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

People & Company News

Buoys in Disputed Waters Roil South China Sea Dispute

Buoys stretched "as far as eye could see" - Philippine sailor. The Philippine navy recently found a large steel marker bearing Chinese inscriptions and hundreds

White House: Iran Talks Deadline Could Slip

The White House said Tuesday's deadline for negotiators in Vienna to come to a final, firm agreement on Iran's nuclear program could slip. When asked if President

SUNY Maritime College to Host e-Navigation Underway 2015

The State University of New York Maritime College will host the e-Navigation Underway 2015 – North America conference from September 28 to 30 on its Throggs Neck, N.

Legal

Buoys in Disputed Waters Roil South China Sea Dispute

Buoys stretched "as far as eye could see" - Philippine sailor. The Philippine navy recently found a large steel marker bearing Chinese inscriptions and hundreds

K&L Gates Welcomes Martinko

The Washington D.C., office of global law firm K&L Gates LLP has welcomed Stephen Martinko as a government affairs counselor in the public policy and law practice.

ST Marine Launches First LMV for RSN

Singapore Technologies Marine Ltd (ST Marine), the marine arm of Singapore Technologies Engineering Ltd (ST Engineering), held the Launching ceremony for the first

 
 
Maritime Careers / Shipboard Positions Maritime Security Naval Architecture Navigation Offshore Oil Port Authority Salvage Ship Electronics Ship Repair Sonar
rss | archive | history | articles | privacy | 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: 0.4008 sec (2 req/sec)