Clearlake Shipping PTE Ltd. v. NuStar Energy Services, Inc.
An interpleader defendant, NuStar, appealed the district court's partial final judgment rejecting its claims of entitlement to maritime liens against two chartered vessels. The district court ruled that NuStar was not entitled to maritime liens under the Commercial Instruments and Maritime Liens Act (CIMLA). The Second Circuit affirmed and held that the district court did not err in interpreting the CIMLA or ruling that maritime liens may not properly be granted based on principles of equity. The court held that NuStar's contentions as to the proper interpretation of the CIMLA was foreclosed by the court's recent decision in ING Bank N.V. v. M/V TEMARA, 892 F.3d 511 (2d Cir. 2018). Furthermore, the district court did not err by concluding that the exception to the general rule against a subcontractor's entitlement to a maritime lien did not apply to NuStar. View "Clearlake Shipping PTE Ltd. v. NuStar Energy Services, Inc." on Justia Law