United States Second Circuit

In an action involving Brady Bonds, an order denying motion for an order of attachment is vacated and remanded, where the district court erred in denying application, despite presence of all statutory requirements, based on its view that the plaintiff was unlikely to realize any money from attachment. Where a statutory ground for attachment exists and both need and likelihood of success on the merits are established, district court's discretion does not permit denial of the remedy for some other reason.

Appellate Information

• Decided 03/23/2006
• Published 03/23/2006

Judges

• KAPLAN, District Judge., Before:  MESKILL and SOTOMAYOR, Circuit Judges, and KAPLAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Kenneth G. Roberts, Wolf, Block, Schorr and Solis-Cohen LLP, New York, N.Y. (Jennifer F. Beltrami and Jill L. Mandell on brief), for Plaintiff-Appellant.


• For Appellees:
  
• Jonathan I. Blackman, Cleary Gottlieb Steen & Hamilton LLP, New York, N.Y. (Carmine D. Boccuzzi on brief), for Defendant-Appellee.