In an appeal from the district court’s order vacating the attachment of an electronic funds transfer (EFT), the order is affirmed and the case is remanded for an order to show cause why the action should not be dismissed for lack of personal jurisdiction where: 1) the rule announced recently in Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd., __ F.3d __, No.08-3477, 2009 WL 3319675 (2d Cir. Oct. 16, 2009), applies retroactively; and 2) a party’s failure to assert an argument prior to the announcement of a decision which might support it does not constitute waiver.
Read Hawknet, Ltd. v. Overseas Shipping Agencies, No. 09-2128
Appellate Information
Submitted: June 16, 2009
Decided: November 13, 2009
Judges
Opinion by Judge Cabranes
Counsel
For Appellant:
Keith W. Heard, Burke & Parsons, New York, NY
For Appellee:
Robert K. Gross, Alan Van Praag and Edward W. Floyd, Eaton & Van Winkle LLP, New York, NY
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