United States Second Circuit

Judgment affirming the assumption and retention of jurisdiction, and anti-suit injunction, by the bankruptcy court is remanded where: 1) the bankruptcy court violated the mandate rule by failing to properly address certain questions concerning the applicability of the anti-suit injunction test; and 2) failure to address the second prong of the preliminary injunction test provides another basis for remand.

Appellate Information

• Decided 07/21/2006
• Published 07/24/2006

Judges

• PER CURIAM., Before MESKILL, CABRANES and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Christopher F. Graham, Thacher Proffitt & Wood LLP (Louis A. Curcio, Mary H. Mulhearn, on the brief) New York, NY, for Debtor Millenium Baltic, Inc., Jeremy J.O. Harwood, Healy & Baillie, LLP, New York, NY, for Appellant Orient Shipping Rotterdam, B.V.


• For Appellees:
  
• James H. Hohenstein, Holland & Knight LLP (Francesca Morris, on the brief) New York, NY, for Appellee Jamaica Shipping Company Limited.