September 05th, 2017

​Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar

Docket: 16-30984
Opinion Date: September 1, 2017
Judge: Stephen Andrew Higginson
Areas of Law: Civil Rights, Admiralty & Maritime Law, Real Estate & Property Law

Daewoo filed suit against AMT, seeking an order compelling AMT to arbitrate an attachment of pig iron, invoking both maritime attachment and the Louisiana non-resident attachment statute, La. Code Civ. Proc. art. 3542. After the district court's grant of Daewoo's attachment, TKM attached the same pig iron in Louisiana state court and intervened in the federal suit. The district court agreed with TKM and vacated Daewoo's attachment. The Fifth Circuit vacated, holding that Section 3502 allowed Daewoo to seek a Section 3542 attachment before commencing its confirmation proceeding, Daewoo followed Section 3502's requirements, and thus Daewoo's attachment was valid. The court remanded for further proceedings.