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AMERICAN PETROLEUM AND TRANSPORT v. NEW YORK CITY

No. 12-4505-CV.

737 F.3d 185 (2013)

AMERICAN PETROLEUM AND TRANSPORT, INC., Plaintiff-Appellant, v. CITY OF NEW YORK, Department of Transportation of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 6, 2013.

Attorney(s) appearing for the Case

James M. Maloney, Port Washington, NY (Law Office of James M. Maloney, Port Washington, NY, on the brief), for Appellant.

Michael J. Pastor, Senior Counsel, New York, NY, (Michael A. Cardozo, Corporation Counsel of the City of New York, Kristin Helmers, Corporation Counsel of the City of New York, New York, NY, on the brief), for Appellees.

Before: NEWMAN, RAGGI, and LYNCH, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

The issue on this appeal is whether, under maritime law, an owner of a vessel may be awarded damages for economic loss due to negligence in the absence of physical damage to its property. For many years a number of courts have derived from the Supreme Court's opinion in Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303, 48 S.Ct. 134, 72 L.Ed. 290 (1927), a "rule" prohibiting such damages. Plaintiff...

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