Stone v. First Union Corp.
371 F.3d 1305 (11th Cir. 2004) Cited 199 timesFinding inadequate representation because the defendant's discriminatory conduct may have differed between plaintiff and intervenor
Piambino v. Bailey
757 F.2d 1112 (11th Cir. 1985) Cited 243 timesHolding that where a prior appellate panel had considered a particular party's intervention, and ordered that the party be allowed to intervene, it had "necessarily implied" that any procedural noncompliance with Federal Rule of Civil Procedure 24 (which governs intervention) was inconsequential
Mt. Hawley Ins. Co. v. Sandy Lake Properties
425 F.3d 1308 (11th Cir. 2005) Cited 112 timesHolding a claim for an economic interest is insufficient grounds to intervene
A/S J. Ludwig Mowinckles Rederi v. Tidewater Construction Corp.
559 F.2d 928 (4th Cir. 1977) Cited 178 timesHolding indemnification issue not ripe prior to adjudication of underlying claims
Worlds v. Dept. of Health Rehab. Services
929 F.2d 591 (11th Cir. 1991) Cited 78 timesConcluding that there was "little likelihood that stare decisis would leave [the potential intervenor] in a worse position if he [were] not allowed to intervene" because the potential intervenor would have use of factual evidence in the future action he contemplated that was excluded from the action into which he sought to intervene
Armstrong v. Alabama Power Co.
667 F.2d 1385 (11th Cir. 1982) Cited 58 timesAffirming dismissal of indemnity suits as premature prior to entry of judgment in underlying lawsuit
Bottiglieri Di Na Vigazione Spa v. Tradeline LLC
472 F. Supp. 2d 588 (S.D.N.Y. 2007) Cited 18 timesGranting motion to vacate order of attachment because plaintiff's indemnity claim was not ripe under English law
Navalmar
485 F. Supp. 2d 399 (S.D.N.Y. 2007) Cited 16 timesDeclining to vacate attachment and holding that an indemnity claim was ripe under English law because unlike Bottiglieri, plaintiff had already posted a bank guarantee for the benefit of the third-party
Beluga Chartering GmbH v. Korea Logistics Systems Inc.
589 F. Supp. 2d 325 (S.D.N.Y. 2008) Cited 8 timesObserving that whether a claim is maritime depends on federal law, and citingHarley Mullion for proposition that "[t]here is some disagreement within this District as to whether the question of the claim's further `validity' is governed by federal law . . . or the substantive law that will govern the underlying action," but finding that plaintiff asserted valid claim under either English or American law
Sanko Steamship Co. v. China Natl. Chartering Corp.
536 F. Supp. 2d 362 (S.D.N.Y. 2008) Cited 6 timesConcluding "that the amount of the attachment must be reduced as [plaintiff] has overreached in the amount it attached based on this claim" and, absent "documentary evidence regarding fees and costs," "accept[ing] [defendant's] estimation of . . . sufficient security for costs"
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 72,489 times 129 Legal AnalysesHolding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 24 - Intervention
Fed. R. Civ. P. 24 Cited 9,369 times 36 Legal AnalysesGranting the right of intervention to qualifying persons "unless existing parties adequately represent" them
Section 31342 - Establishing maritime liens
46 U.S.C. § 31342 Cited 363 times 7 Legal AnalysesGranting a maritime lien to a person “providing necessaries to a vessel”
Section 31301 - Definitions
46 U.S.C. § 31301 Cited 350 times 4 Legal AnalysesDefining "necessaries" as "includ[ing] repairs, supplies, towage and the use of a dry dock or marine railway"
Section 31341 - Persons presumed to have authority to procure necessaries
46 U.S.C. § 31341 Cited 160 times 4 Legal AnalysesStating that charterers are only presumed to have authority to bind the vessel
Section 31326 - Court sales to enforce preferred mortgage liens and maritime liens and priority of claims
46 U.S.C. § 31326 Cited 108 times 1 Legal AnalysesGoverning the priority of preferred mortgages in relation to other types of liens, but providing that claims otherwise attach “in accordance with their priorities”