Malin Ship Repair sought to attach boat fuel (“bunkers” in admiralty parlance) of defendant OSA, and thus gain personal jurisdiction over OSA in a Texas federal court. As of the attachment date, OSA had taken delivery of the boat and the fuel on it, but had not paid for the fuel or been invoiced for it. Under the UCC, title would have passed under delivery. Under the common law, the answer turns on the parties’ intent, and the Court concluded that “the parties contemplated a credit transaction.” Thus, title had passed to OSA and the attachment was sufficient to confer personal jurisdiction under the applicable admiralty rule. Malin Int’l Ship Repair & Drydock v. Oceanografia, S.A. de C.V., No. 15-40463 (March 23, 2016).
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