Shipping-Land Co., Ltd. v. Far Eastern Shipping Company Plc.

Justia Dockets & Filings Second Circuit New York Southern District Shipping-Land Co., Ltd. v. Far Eastern Shipping Company Plc.

Shipping-Land Co., Ltd. v. Far Eastern Shipping Company Plc.

Plaintiff:	Shipping-Land Co., Ltd.
Defendant:	Far Eastern Shipping Company Plc.
Case Number:	1:2009cv01999
Filed:	March 4, 2009
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of U.S.
Presiding Judge:	Alvin K. Hellerstein
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 1333 Admiralty
Jury Demanded By:	None

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Date Filed	Document Text
March 6, 2009	Filing 3 ORDER DECLINING TO ISSUE MARITIME ATTACHMENT: I decline to issue the order of attachment. Generally, unless reasonably contemplated by both parties as the probable result of breach, lost income is not considered to be consequential damages of an alle ged breach of contract. Hadley v. Baxendale, 156 Eng. Rep. 145 (Ex. 1854); see III Farnsworth on Contracts § 12.14 (3d ed. 2004). Therefore, Plaintiff has failed to allege a valid prima facie admiralty claim, as required by Rule B. Aqua Stoli Shipping Ltd. v. Gardner Smith Pty Ltd., 460 F.3d 434,445 (2d Cir. 2006). (Signed by Judge Alvin K. Hellerstein on 3/6/2009) (jpo)

Date Filed

Document Text

March 6, 2009

Filing 3 ORDER DECLINING TO ISSUE MARITIME ATTACHMENT: I decline to issue the order of attachment. Generally, unless reasonably contemplated by both parties as the probable result of breach, lost income is not considered to be consequential damages of an alle ged breach of contract. Hadley v. Baxendale, 156 Eng. Rep. 145 (Ex. 1854); see III Farnsworth on Contracts § 12.14 (3d ed. 2004). Therefore, Plaintiff has failed to allege a valid prima facie admiralty claim, as required by Rule B. Aqua Stoli Shipping Ltd. v. Gardner Smith Pty Ltd., 460 F.3d 434,445 (2d Cir. 2006). (Signed by Judge Alvin K. Hellerstein on 3/6/2009) (jpo)

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Plaintiff: Shipping-Land Co., Ltd.
Represented By:	George Michael Chalos
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Defendant: Far Eastern Shipping Company Plc.
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