Tesoro Refining Wins 2011 Long Beach Oil Spill Case

By George Backwell
Thursday, July 10, 2014
Robert S. Crowder: Photo FF&S

Freeman Freeman & Smiley say that its lead trial attorney  Robert S. Crowder (assisted by attorneys Russell R. Fisk and John D. Van Ackeren) have celebrated a win with their client, Tesoro Refining & Marketing Company LLC in a lawsuit filed by Plaintiffs North of England Protecting & Indemnity Association Limited, United Africa Petroleum Limited and General National Maritime Transport Company.

Plaintiffs brought claims as insurer, owner and operator of the Libyan Motor Tanker Aljalaa for cleanup costs associated with an oil spill which occurred at Tesoro’s Long Beach, California, terminal on February 21, 2011.

Although the M/T Aljalaa was admittedly responsible for the spill of its own fuel oil, Plaintiffs claimed that Tesoro was negligent in both responding to the spill and placing a pre-transfer oil spill containment boom from which some of the spilled fuel oil escaped.

At trial, North of England listed $2.74 million in itemized damages and also sought to recover attorney’s fees.

The defense team’s strategy was to defend Plaintiff’s allegations while providing the Court with a readily-understandable explanation of the technical issues in the case.

Honorable Alex Kozinski, Chief Judge of the United States Court of Appeals for the Ninth Circuit, presided over the trial in Pasadena. At the close of Plaintiff’s case, Tesoro moved for judgment on partial findings on the ground that Plaintiff had failed to carry its burden of proof on both of the general negligence claims. The motion was briefed, argued, and granted by the Court, resulting in a complete defense and obviating any need for Tesoro to present any evidence or witnesses of its own.

“It is highly satisfying to have demonstrated here that Plaintiff’s contentions were unfounded,” says Robert S. Crowder. “We hope that this result in a case involving stakeholders on four continents that was delivered in a courtroom packed with regulatory and industry observers will dissuade others from seeking to pursue unwarranted claims against those whom they perceive as having deep pockets.”
 

Maritime Reporter January 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

People & Company News

ASA Mission Statement Revised to Expand Reach

The American Salvage Association has revised its mission statement to increase its area of influence beyond North America, complemented by a new logo that reflects the expanded direction.

New Chemical Handling Service from Ferguson Group

Tank, Fluid Solutions and Bunded Storage for Dangerous Goods and Chemicals Introduced at Gap Ridge, Karratha.    Ferguson Group Australia, global specialist in offshore DNV 2.

BP Freezes Pay in 2015 to Cut Costs

BP is freezing base pay across the group this year, the latest in a series of steps by oil majors to cut costs in response to sinking oil prices.   Over the past year,

Legal

26-year Jail Term Sought for Concordia Master

An Italian prosecutor asked a court on Monday to sentence the captain of the Costa Concordia cruise liner to more than 26 years in jail for his role in the 2012 disaster that killed 32 people.

Boost for Offshore Wind Energy

As part of President Obama’s Climate Action Plan to create American jobs, develop domestic clean energy resources and cut carbon pollution, Secretary of the Interior

Gypsy Moth Clause Takes Balanced Approach to Risk

A new BIMCO clause provides a simple, practical and commercial solution focusing on the basic obligations and responsibilities of owners and charterers when dealing with the Asian Gypsy Moth (AGM).

Environmental

The 2nd Ballast Water Management Summit

Sign-up for this year’s most in-depth exchange of information and best venue for BWT stakeholders to network and meet their regulatory peers is underway.   Infocast’s

Britain to Ban Fracking in National Parks

Britain said on Monday it would ban fracking in national parks, reversing a policy announced last year, in a concession to the opposition Labour Party which had

KR Launches Software to Aid ECA Compliance

The Korean Register (KR) has launched an in-house developed software program to assist vessels with fuel oil change over when complying with the new low sulphur regulations.

Fuels & Lubes

KR Launches Software to Aid ECA Compliance

The Korean Register (KR) has launched an in-house developed software program to assist vessels with fuel oil change over when complying with the new low sulphur regulations.

Oil Majors Seek to Claw Back Costs from Service Firms

Global oil majors say they are demanding cheaper but better services from engineering and service companies, or simply taking work back in-house, after losing hundreds

BP Remains Singapore's Top Marine Fuel Supplier

BP Singapore kept its spot as a top marine fuel supplier by volume for the eleventh straight year in 2014 at the world's biggest bunkering port, the Maritime Port Authority of Singapore (MPA) said.

People in the News

The 2nd Ballast Water Management Summit

Sign-up for this year’s most in-depth exchange of information and best venue for BWT stakeholders to network and meet their regulatory peers is underway.   Infocast’s

Metcalf to Succeed Cox at CSA Helm

Kathy J. Metcalf will assume the role of president and CEO of the Chamber of Shipping of America (CSA), succeeding Joseph J. Cox, who will retire on May 31, 2015,

26-year Jail Term Sought for Concordia Master

An Italian prosecutor asked a court on Monday to sentence the captain of the Costa Concordia cruise liner to more than 26 years in jail for his role in the 2012 disaster that killed 32 people.

 
 
Maritime Standards Navigation Pipelines Port Authority Salvage Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1209 sec (8 req/sec)