Expanded Wharfinger Liability Confuses Spill Cost Recovery

Law360, New York (September 19, 2016, 12:58 PM EDT) -- The recent decision of the U.S. District Court of the Eastern District of Pennsylvania in the protracted litigation surrounding the Athos I oil spill signals profound implications for the liability of charterers, wharfingers and the U.S. government. In re Petition of Frescati Shipping Company Ltd., et al. v. CITGO Asphalt Refining Company, et al., 2016 (E.D. Pa. July 25, 2016). This decision followed the decision of the court of appeals, In re Frescati Shipping Co. Ltd., 718 F.3d 184 (3d. Cir. 2013) that the vessel's owner enjoyed the benefit of the safe berth warranty provided by the charterer....

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