46 U.S.C. § 31307
State statutes superseded
This chapter supersedes any State statute conferring a lien on a vessel to the extent the statute establishes a claim to be enforced by a civil action in rem against the vessel for necessaries.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1991–2024 · leading case: Faneuil Advisors, Inc. v. O/S Sea Hawk, 50 F.3d 88 (1st Cir. 1995).
Faneuil Advisors, Inc. v. O/S Sea Hawk, 50 F.3d 88 (1st Cir. 1995). “In fact, any argument that such a lien might have priority would appear to be entirely foreclosed by 46 U.S.C. § 31307 : “This chapter supersedes any State statute conferring a lien on a vessel to the extent the statute establishes a claim to be enforced by a civil action in rem…”
Albanese v. Cow Bay Marine Serv., Inc., 155 Misc. 2d 232 (N.Y. App. Term. 1993). “Therefore, if there is no basis on which to claim a garageman’s lien under section 184 of the Lien Law, then 46 USC § 31307 would preclude the litigation or enforcement of the lien in a State court proceeding.”
Dietrich v. Key Bank, N. A., 72 F.3d 1509 (11th Cir. 1996). “46 U.S.C.A. § 31307 . That limited preemption does not affect the self-help remedies at issue here.”
Nat'l Liab. & Fire Ins. Co. v. Rick's Marine Corp., 268 F. Supp. 3d 371 (E.D.N.Y 2017). “” 46 U.S.C. § 31307 . B. Relevant State Statutes Section 184 of the New York Lien Law, establishes what is colloquially referred to as a “garageman’s lien” and provides in relevant part: A person keeping a garage, hangar or ■place for the storage, maintenance, keeping or repair…”
Marlen C. Robb & Son Boatyard & Marina, Inc. v. the Vessel Bristol, 893 F. Supp. 526 (E.D.N.C. 1994). “46 U.S.C. § 31307 . Under N.C.Gen. Stat. § 44A-4(a), however, the lienholder *540 may bring a civil action on the underlying debt without proceeding in rem, as the plaintiff has done here.”
Matheson v. City of Hoquiam, 287 P.3d 619 (Wash. Ct. App. 2012). “§ 31307 provides that the federal statutory framework for maritime liens and commercial instruments, enforced in federal court, supersedes “any state statute conferring a lien on a vessel to the extent the statute establishes a claim *821 to be enforced by a civil action in rem…”
Matter of Topgallant Lines, Inc., 125 B.R. 682 (Bankr. S.D. Ga. 1991). “" 46 U.S.C. § 31307 . I find no provision in the Uniform Commercial Code which provides for a civil action in rem against a vessel or its freights.”
Ambassador Factors, Div. Fleet Factors Corp. v. First Am. Bulk Carrier Corp. (In re Topgallant Lines, Inc.), 125 B.R. 682 (D. Ga. 1991). “” 46 U.S.C. § 31307 . I find no provision in the Uniform Commercial Code which provides for a civil action in rem against a vessel or its freights.”
Native Vill. of Naknek v. Jones Pac. Mar., LLC, 141 F. Supp. 3d 1157 (W.D. Wash. 2015). “Preemption The Federal Maritime Lien Act provides that it “supersedes any State statute conferring a lien on a vessel to the extent the statute establishes a claim to be enforced by a civil action in rem against the vessel for necessaries.”
Skipper Marine of Madison, Inc. v. 2019 VR5 Bayliner, ID 014883 BL0449, Hull BLBX2536J819 (W.D. Wis. 2024). “See 46 U.S.C. § 31307 (“This chapter supersedes any State statute conferring a lien on a vessel to the extent the statute establishes a claim to be enforced by a civil action in rem against the vessel for necessaries.”
Atl. Reg'l Fed. Credit Union v. Baizley (Me. Super. Ct 2006). “(citing 46 U.S.C. § 31307 ). Because there is no language in the federal statute evincing legislative intent to completely preempt state law remedies, the court then assessed whether preemption could still apply due to a conflict between the Act and state law, or due to…”
Dietrich v. Key Bank, N. A., 72 F.3d 1509 (11th Cir. 1996). “8 46 U.S.C.A. §31307 . That limited preemption does not affect the self-help remedies at issue here.”
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