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

People & Company News

New CEO for Evergas

Evergas has appointed Steffen Jacobsen as CEO of the company as of 8 May 2015 Mr. Jacobsen joined Evergas 1 February 2015 as Vice President, Fleet after almost 35 years in Maersk.

NCSP Group Cargo Traffic Up 6% in Q1 2015

Novorossiysk Commercial Sea Port Group (NCSP Group or the Group) (LSE: NCSP, Moscow Exchange: NMTP) reports that Group’s consolidated cargo turnover in Q1 2015 increased by 2 million tonnes or 6.

Naming Ceremony of Evergreen's EVER LYRIC

Evergreen Group today held the naming ceremony for EVER LYRIC, the eighth of its L-type vessels built by CSBC Corporation in Taiwan. The ceremony took place

Legal

New CEO for Evergas

Evergas has appointed Steffen Jacobsen as CEO of the company as of 8 May 2015 Mr. Jacobsen joined Evergas 1 February 2015 as Vice President, Fleet after almost 35 years in Maersk.

NCSP Group Cargo Traffic Up 6% in Q1 2015

Novorossiysk Commercial Sea Port Group (NCSP Group or the Group) (LSE: NCSP, Moscow Exchange: NMTP) reports that Group’s consolidated cargo turnover in Q1 2015 increased by 2 million tonnes or 6.

Naming Ceremony of Evergreen's EVER LYRIC

Evergreen Group today held the naming ceremony for EVER LYRIC, the eighth of its L-type vessels built by CSBC Corporation in Taiwan. The ceremony took place

Environmental

Shipping is Cutting CO2 Emissions

London-based shipping advisors Drewry Supply Chain Associates said that shipping liner operators have made significant inroads into cutting CO2 emissions.   In

Naval Authorities Rely on OSE Separators from GEA

The trend of modernizing ships and fitting them with more efficient separator systems, which has been noticeable since 2014 particularly in Europe and North America,

MacGregor's Pusnes bow loading systems for Suezmax Tankers

MacGregor, part of Cargotec, has secured contracts to supply Pusnes bow loading systems for three newbuild shuttle tankers intended for operations in Brazilian waters.

Fuels & Lubes

Naval Authorities Rely on OSE Separators from GEA

The trend of modernizing ships and fitting them with more efficient separator systems, which has been noticeable since 2014 particularly in Europe and North America,

Spain Investigates Sinking off Canary Islands

Spain launched an investigation on Thursday into the sinking of a Russian ship off the Canary Islands, as coastguards battled a six-km (3.7-mile) oil slick close to tourist beaches.

Bomin Launches Bunker Operations in Copenhagen

The Bomin Group, a global physical supplier and trader of marine fuel oil, has announced that it is launching a physical operation in Copenhagen, Denmark.  The

People in the News

China Snubs G7 Declaration on Sea Row

Reacting to recent declaration of  the Group of Seven (G7) major nations' Foreign Ministers on maritime , China said “the situation of this region is generally stable,

Newport News Shipbuilding Hosts Sen. Inhofe

Huntington Ingalls Industries (HII) today hosted Sen. James M. Inhofe, R-Okla., for a tour of the company's Newport News Shipbuilding division.   The senator,

Hempel CEO Jullien Plans Retirement

Pierre-Yves Jullien, CEO of Hempel A/S since 2005, has decided to retire after nearly 40 years in the Group. He will step down from his role as CEO on March 31, 2016 at the latest.

 
 
Maritime Careers / Shipboard Positions Naval Architecture Navigation Offshore Oil Pipelines Pod Propulsion Salvage Ship Electronics Shipbuilding / Vessel Construction Sonar
rss | archive | history | articles | privacy | 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: 0.1748 sec (6 req/sec)