United States Second Circuit

In plaintiff's appeal from the district court's order vacating the attachment of certain electronic fund transfers (EFTs) held by garnishee Wachovia Bank in New York City, which the district court had previously attached pursuant to Rule B of the Supplemental Admiralty Rules for Certain Admiralty Maritime Claims of the Federal Rules of Civil Procedure, the order is affirmed where: 1) EFTs for which the defendant is both the originator and the beneficiary are not the property of the defendant and, therefore, may not be attached pursuant to Rule B; 2) when an intermediary bank responds to an order of attachment, later determined to be wrongful, by sequestering the wrongly attached funds in a non-EFT suspense account, a creditor may not then reattach those funds in the new account; and 3) Jaldhi's retroactivity was not subject to a case-by-case rebuttable presumption.

Appellate Information

• Decided 08/12/2010
• Published 08/12/2010

Judges

• Per Curiam

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael E. Unger, Christopher Carlsen