The Western District of Washington also recently followed the holding from the Aviall case. See Port of Tacoma v. Todd Shipyards Corp., 2009 U.S. Dist. LEXIS 5884 (W.D.Wa., January 14, 2009). The Port of Tacoma sued Todd Shipyards in a contribution action under CERCLA...
Month: May 2009
The Second Circuit Follows the Supreme Court’s Holdings in Atlantic Research and Cooper Industries.
In a recent Second Circuit decision, W.R. Grace & Co. v. Zotos International, No.: 05-cv-2798 (March 4, 2009), the Court followed two recent Supreme Court decisions on the oft-contested issue of when and under what sections of the Comprehensive Environmental...
The Third Department upholds jury award of $6,325,000 in penalties in an oil spill case
On February 10, 2009, the Appellate Division, Third Department, upheld a jury award of $6,325,000 in penalties against three defendants - property owner, gas supplier and station operator - as being not excessive and well within the bounds of the Navigation Law, where...
The Second Department Overturns a Jury Award of Stigma Damages in Oil Spill Case
In a recent oil spill case under the Navigation Law, an intermediate state appeals court, the Appellate Division of the State Supreme Court, Second Department overturned a $225,000 jury award of "stigma" damages (plus $61,600 fees award) to a private homeowner for...
