Otis Felder (Partner-San Diego) prevailed in the U.S. District Court for the Southern District of California for Wilson Elser’s shipping and trading company client. In this admiralty and marine matter, the court vacated an arrest warrant against the subject vessel and dismissed the associated in rem proceedings. The plaintiff in this case, a Dubai fuel supplier, alleged non-payment by our client for fuel supplied to the subject vessel, filing a verified complaint in rem against the vessel and obtaining an arrest warrant for it. Wilson Elser established that the fuel order was placed with another entity and, as such, the plaintiff was not entitled to a maritime lien – a requirement for the arrest. The plaintiff also failed to meet the three elements required under the Commercial Instruments and Maritime Liens Act (CIMLA). In addition, Otis submitted evidence that the plaintiff was paid in full but misapplied the amount to another account. The court concurred and found that the plaintiff failed to state a claim, dismissing the complaint without leave, vacating the arrest warrant, and consequently dismissing the in rem proceedings.