Sunday, February 10, 2013

Fourth Circuit -- Vitol, S.A. v. Capri Marine, Ltd.

When plaintiff opts for commercial as opposed to admiralty remedy in foreign forum, remedy in admiralty is still available in US courts.

Supplemental Rule B (permitting attachment) was correctly employed.

Attachment standard of pleading can differ from 12(b)6 standard.

Conclusory assertion of nefarious puppetry is insufficient to establish alter ego to pierce the veil at pleading.

Vitol, S.A. v. Capri Marine, Ltd.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.