Top 10 Transport Headlines from North America The Second Circuit Decides That “Beneficiary” Wire Transfers Are Not Attachable Property Under Rule B And That It Is “Probable” That “Originator” Wire Transfers Are Likewise Not Attachable A recent landmark decision in the US case, The Shipping Corporation of India Limited v Jaldhi Overseas Pte Ltd (the "Jaldhi Case") has drastically limited the effectiveness of the Rule B attachment as a means of securing a maritime claim in New York. Cabotage laws deal with the transportation of goods or passengers between two points in the same country. On October 16, 2009, the U.S. Court of Appeals for the Second Circuit in a case entitled “The Shipping Corporation of India v. Jaldhi Overseas Pte Ltd.” filed under Case No. 08-3477-cv, held that electronic fund transfers (“EFTs”) being processed by an intermediary bank are not property subject to attachment under Rule B, and with the consent of all active judges of the Second Circuit, overruled “Winter Storm Shipping, Ltd. v. TPI”, 310 F.3d 263 (2nd Cir. 2002) and all of its progeny. In an opinion that should bolster the use of tiered studies under the National Environmental Policy Act ("NEPA") for highway and high-speed rail projects, the U.S. District Court for the Western District of Virginia has issued an opinion upholding the use of a tiered NEPA process for improvements to the I-81 corridor in Virginia. Shenandoah Valley Network v. Capka, 2009 WL 2905564 (W.D. Va. Sept. 3, 2009) ("I-81 decision"). The past six years witnessed the spawning of what one New York court termed a “cottage industry for Rule B attachments” of Electronic Fund Transfers (EFT). Infrastructure as an asset class is being tested as neverbefore. Although infrastructure investors are not immune to theglobal financial crisis, the infrastructure sector is provingrelatively resilient, albeit that changes in appetites for leverageare affecting valuations. On June 30, 2008, the U.S. Court of Appeals for the Fifth Circuit (the "Court") reversed a lower court's dismissal of criminal charges against Kun Yun Jho ("Jho") and Overseas Shipholding Group, Inc. ("OSG"). Forcing shippers to pay twice, it could be argued, violates the most basic of legal doctrines: I call it the "it-ain't-right" rule. As anticipated, the Ontario Minister of Small Business and Consumer Services confirmed that the implementation date for the new "Ontario Motor Vehicle Dealer's Act 2002" ("Act") has been moved from April 1, 2009 to January 1, 2010 | 
