First Virginia Banks, Incorporated v. Bp Exploration & Oil, Incorporated Standard Oil Company Bp America, Incorporated

The majority opinion affirms the grant of summary judgment by the district court on both FVBI’s trespass claim and its third-party beneficiary claim. I concur regarding the third-party beneficiary claim but respectfully dissent regarding the trespass cause of action. I would conclude that the trespass claim is not barred to the extent FVBI seeks damages for migrations of contaminants that occurred during the five years immediately prior to the filing of this action.

I

In granting summary judgment against FVBI, the district court stated that FVBI’s entire trespass cause of action accrued when…