REINO DE ESPAÑA v. AMERICAN BUREAU OF SHIPPING

No. 10-3518-cv.

691 F.3d 461 (2012)

REINO DE ESPAÑA, on its own behalf, and as trustee, Plaintiff-Counter-Defendant-Appellant, v. The AMERICAN BUREAU OF SHIPPING, INC., ABSG Consulting Inc. f/k/a ABS Marine Services, Inc., ABS Group of Companies, American Bureau of Shipping, Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 29, 2012.


Attorney(s) appearing for the Case

Abraham D. Sofaer , Palo Alto, CA ( Juan A. Anduiza , Brian D. Starer , Samuel Spital , Corrine Irish , Squire, Sanders & Dempsey LLP, New York, NY, on the briefs), for Plaintiff-Counter-Defendant-Appellant.

Jeffrey R. Coleman ( Norman C. Kleinberg , Steven A. Hammond , Daniel H. Weiner , Peter A. Sullivan , Jason C. Benton , Hughes Hubbard & Reed LLP, John E. Grimmer and Brad Gandrup, Jr. , John Grimmer & Associates, New York, NY, on the brief), for Defendants-Counter-Claimants-Appellees.

Thomas A. Telesca , Ruskin Moscou Faltischek, P.C., Uniondale, N.Y. (on submission), for Amici Curiae Oceana and the Natural Resources Defense Counsel.

Before: WALKER, RAGGI, and LIVINGSTON, Circuit Judges.


LIVINGSTON, Circuit Judge:

In November 2002, the oil tanker Prestige sank off the northwestern coast of Spain, releasing large quantities of oil into the ocean. Plaintiff-Counter-Defendant-Appellant Reino de España ("Spain" or "Plaintiff") alleges that this oil, on washing up on the Spanish coastline, caused serious environmental and economic damage to Spain and its citizens. Spain, in reaction to the alleged effects of this marine casualty, brought suit...

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