Petition For Certiorari Filed With U.S. Supreme Court In The Shipping Corporation Of India V. Jaldhi
On January 14, 2010, The Shipping Corporation of India ("SCI") filed a Petition for a Writ of Certiorari with the U.S. Supreme Court, seeking review of the Second Circuit's decision in The Shipping Corporation of India, Ltd. v. Jaldhi Overseas Pte Ltd.
In its petition, SCI argues that the Court of Appeals erred by considering an issue that had not been raised or briefed by either party to the appeal - namely, "the question of whether the rule in [Winter Storm Shipping Ltd. v. TPI, which permitted maritime attachment of EFTs "to or from" a Rule B defendant] should be reconsidered and, upon reconsideration overruled." In addition, SCI argues that the Jaldhi decision was both unconstitutional and "destructive of uniformity" of maritime law.
Specifically, SCI states that under the U.S. Constitution, maritime matters are to be governed by federal law, not state law. SCI argues that, by relying on New York State law (specifically, the New York Uniform Commercial Code), Jaldhi "works material prejudice to the characteristic features of the general maritime law [and] interferes with the proper harmony and uniformity of that law in its international and interstate relations." (citing Southern Pacific Co. v. Jensen, 244 U.S. 205, 216 (1917)). SCI further argues the Jaldhi decision "destroys" the national uniformity of maritime law by relying on New York State law that, it argues, directly conflicts with Rule B. The petition urges the U.S. Supreme Court to grant Certiorari to establish a uniform "rule of attachability of 'intangible' property consistent with the historical purpose of maritime attachment."
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