Issue 12, 2009 - Rule B – Is The Fog Lifting?


What has been less clear is the extent to which the judgment has retroactive effect - in other words whether it will result in the release of any funds previously attached pursuant to Rule B attachment orders. In the immediate aftermath of the SCI v. Jaldhi decision some New York judges took the view that it did have such effect, and began issuing “orders to show cause,” requiring those plaintiffs who had obtained attachments to give reasons why any attached funds should not be released.