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Civil Procedure Fall 2014

Shaumyan v. O'Neill

[SKIM THIS - We won't spend a lot of time on it.] Did the statute in Doehr die after the Supreme Court decision? Not quite . . . . This case involved a fight between a homeowner and contractor hired to do repairs. When the homeowner was not happy with the quality of the work he would not pay. The contractor retaliated by getting an ex parte prejudgment attachment of the owner's home. While that state case was pending, the homeowner sued in FEDERAL court to block the application of the attachment statute as unconstitutional after Doehr. How did the Second Circuit court of appeals rule? Was this case distinguishable?