33 U.S.C. § 2709
Contribution
A person may bring a civil action for contribution against any other person who is liable or potentially liable under this Act or another law. The action shall be brought in accordance with section 2717 of this title.
Notes of Decisions
Cited in 20
cases (4 in the last 5 years), 1996–2022 · leading case: Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914 (9th Cir. 2011).
Cape Flattery Ltd. v. Titan Mar., LLC, 647 F.3d 914 (9th Cir. 2011). “See 33 U.S.C. § 2709 (“A person may bring a civil action for contribution against any other person who is liable or potentially liable under this Act or another law.”
Gabarick v. Laurin Mar. (Am.) Inc., 623 F. Supp. 2d 741 (E.D. La. 2009). “33 U.S.C. §§ 2709 , 2717. B. Mandatory and Exclusive Language of OPA ACL contends that OPA is the exclusive remedy for any public or private claimant seeking recovery for “covered damages” as defined by OPA in 33 U.”
Savage Servs. Corp. v. United States, 25 F.4th 925 (11th Cir. 2022). “” 33 U.S.C. § 2709 . The OPA defines “person” to include an “individual, corporation, part- nership, association, State, municipality, commission, or political subdivision of a State, or any interstate body.”
Buffalo Marine Servs. Inc. v. United States, 663 F.3d 750 (5th Cir. 2011). “Because the OPA allows a responsible party to bring a civil action for contribution against any other person who shares responsibility for the spill, see 33 U.S.C. § 2709 , Buffalo Marine likely would have faced liability for its role in the spill even if the Torm had not…”
Settoon Towing, L.L.C. v. Marquette Transp. Co., 859 F.3d 340 (5th Cir. 2017). “Most importantly for us, Section 2709 is premised on there being liability for contribution under the Act when it says “a civil action for contribution [may be brought] against any other person who is liable or potentially liable under this Act.”
Keller Transp., Inc. v. Wagner Entersprises, LLC, 873 F. Supp. 2d 1342 (D. Mont. 2012). “12(b)(6) motion to dismiss; (2) motion requesting dismissal of Keller’s claim for contribution advanced under the Oil Pollution Act at 33 U.S.C. § 2709 due to Keller’s failure to assert the claim in an earlier lawsuit now pending in state court; and alternatively (3) motion for…”
Nat'l Shipping Co. v. Moran Mid-Atl. Corp., 924 F. Supp. 1436 (E.D. Va. 1996). “” 33 U.S.C. § 2709 . As discussed in detail below, Moran is hable to NSCSA under “another law,” i.”
In Re Oil Spill by the Oil Rig \Deepwater Horizon\"", 808 F. Supp. 2d 943 (E.D. La. 2011). “33 U.S.C. §§ 2709 , 2710, 2713. If the Responsible Party refuses or fails to pay a claim after ninety days, the claimant may either pursue its claim against the government-created Oil Spill Liability Trust Fund or file suit in court.”
United States v. Egan Marine Corp., 808 F. Supp. 2d 1065 (N.D. Ill. 2011). “30, 2008). As such, because EMC has not developed an argument as to why Exxon is liable under Illinois products liability law, it has waived this as a basis for contribution under 33 U.”
Cape Flattery Ltd. v. Titan Mar. LLC, 607 F. Supp. 2d 1179 (D. Haw. 2009). “OPA 90, 33 U.S.C. § 2709 , in turn permits Plaintiff to “bring a civil action for contribution against any other person who is liable or potentially liable under this chapter or another law.”
Egan Marine Corp. v. Great Am. Ins. Co. of New York, 531 F. Supp. 2d 949 (N.D. Ill. 2007). “See 33 U.S.C. § 2709 . The court held a bench trial, issued findings of fact, and concluded that the third party “presented ample evidence at trial to prove [the tug’s] negligence.”
Mid-Valley Pipeline Co. v. Sunoco Pipeline, L.P., 847 F. Supp. 2d 982 (E.D. Ky. 2012). “” 33 U.S.C. § 2709 . S.J. Louis asserts that the OPA preempts Mid-Valley’s common law claims.”
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