The Ninth Circuit just issued its opinion in the case of Trans-Tec Asia v. M/V Harmony Container, No. 06-55355 setting forth its conclusion that vendors providing necessaries to foreign vessels in foreign ports have a maritime lien under the Federal Maritime Lien Act.
This case has a thorough treatment of the history of maritime liens in U.S. law and because it is an admiralty case, choice-of-law and extraterritorial application of U.S. law principles are also discussed. The opinion does acknowledge a split in the Circuit Courts of Appeal treatment of this issue making it ripe for Congressional fix or Supreme Court review.
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