National Unrecovered Financial Services Association and the IIB filed a joint amicus brief with the U.S. Court of Appeals for the Second Circuit in Eitzen Bulk v. State Bank of India, a case involving an attempt to force a NY branch of a foreign bank to identify and restrain a defendant’s assets wherever located so that a court can order the bank to bring the assets to NY to satisfy a judgment against a defendant with no ties to NY. SDUUK and IIB had filed a brief in this case in January, but the plaintiff has sought to have the appeal dismissed as moot because State Bank of India has reported that it is holding no accounts or other property of the judgment debtor. SDUUK and IIB filed a short brief stating that the case is not moot and that it is important the constitutional issues raised by the case should be heard by the court of appeals. On May 12, the Court of Appeals issued a summary order granting Eitzen Bulk’s motion to dismiss but also vacated the District Court’s order directing Eitzen Bulk to engage in turnover litigation.

Related Documents:
SBI Notice of Appeal