Archive for the 'Oil Spill Act & Oil Spill Cases' Category

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

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 devaluation of his property values – not for clean-up costs – due to

Common Law Recovery of Cleanup Cost for Petroleum Spills

New York’s Oil Spill Act, Article 12 of the New York Navigation Law, provides a natural and attractive starting point for people seeking to recover cleanup costs for petroleum spills. The Act imposition of strict liability holds out the promise of avoiding litigation over events and states of mind for which little or contradictory evidence […]

Common Law Recovery of Cleanup Cost for Petroleum Spills

New York’s Oil Spill Act, Article 12 of the New York Navigation Law, provides a natural and attractive starting point for people

Basics of the “Oil Spill Act,” Article 12 of the New York Navigation Law

New York’s Oil Spill Act, Article 12 of the New York Navigation Law, assigns strict liability to any person who has discharged petroleum, for all