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Contichem LPG v. Parsons Shipping Ltd.

170 F. Supp. 2d 416 (2001)

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Contichem LPG v. Parsons Shipping Ltd.

United States District Court for the Southern District of New York
170 F. Supp. 2d 416 (2001)

Facts

Contichem LPG (plaintiff) sued Parsons Shipping Ltd. (Parsons) (defendant) in federal court, alleging that a ship that Contichem chartered from Parsons was unseaworthy. At Contichem’s request, the federal court issued an ex parte temporary restraining order (TRO) and orders of attachment pursuant to Civil Practice Law and Rules (CPLR) §§ 6201, 6210, and 7502(c) against Parsons. However, the federal court later granted Parsons’s motion to vacate the TRO, ruling that the TRO had been invalidly obtained. The United States Court of Appeals for the Second Circuit affirmed the vacatur of the TRO. Parsons then sought to recover costs and damages against Contichem, including attorney’s fees. Parsons responded that Contichem could not recover damages relating to the vacatur of a TRO that was issued in contemplation of a hearing on a related motion for attachment.

Rule of Law

Issue

Holding and Reasoning (Marrero, J.)

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