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USA Guide 2022

Ranked in 1 Practice Areas

About

Provided by Frank J. Pergolizzi

USA

Education

Villanova University

BA

1981

Wake Forest University School of Law

JD

1984

Practice Areas

Mr. Pergolizzi has represented shippers in transportation related matters for over thirty years. Clients include some of the nation’s largest intermodal, coal and other shippers. Mr. Pergolizzi has extensive litigation experience relating to transportation, fuel supply and other energy related contract disputes before federal and state courts, and commercial arbitration panels. This litigation has covered a wide variety of disputes relating to price renegotiation and price reopener provisions, fuel surcharges, compliance with service standards, and force majeure disputes. As a result of Mr. Pergolizzi’s litigation efforts, his clients have been able to achieve substantial reductions in their transportation and fuel supply costs.

Mr. Pergolizzi also maintains an active regulatory practice before the Surface Transportation Board that has included the representation of shippers in maximum rail rate litigation, rail merger proceedings, demurrage disputes, unreasonable practice claims and competitive rail access proceedings. In addition, Mr. Pergolizzi has represented a number of short-line railroads in their formation and receipt of necessary regulatory approvals.

Career

Mr. Pergolizzi has been representing shippers at Slover & Loftus LLP since 1988. Prior to joining Slover & Loftus he served as a Visiting Fellow at Catholic University of America, Columbus School of Law.

Publications

Editor, "Coal Supply Contracts” (Chapter 23) (Matthew Bender 2012 ed.) and “Coal” (Chapter 55), Energy Law and Transactions (Matthew Bender 2012 and 2013 ed.), Editor, Matthew Bender, Energy Law and Transactions, Energy, 2012

Work Highlights

Currently part of a team representing several large shippers in connection with claims alleging that the four major Class I railroads conspired in violation of the federal antitrust laws to fix fuel surcharges. Rail Freight Fuel Surcharge Litigation (D.D.C.).

Successfully arbitrated a series of claims relating to force majeure, service, rate and equipment issues under a long-term contract between a major intermodal logistics company and an ocean freight carrier, resulting in the preservation of substantial contract value for the client.

Represents major intermodal transportation company in connection with on-going contractual relationships with all Class I railroads.

Represented investor-owned utility in breach of service provisions under long-term rail transportation contract in the United States District Court for the District of Nebraska. Utility obtained major contract restructuring resulting in hundreds of millions of dollars in transportation savings over life of contract, as well as competitive rail access rights to protect against future service disruptions.

Represented investor-owned utility in breach of contract and force majeure dispute under rail transportation contract in Arkansas State court. Client settled case in exchange for significant contract concessions for remaining, and extended, term of contract.

Part of a legal team representing utilities in connection with a claim that the western railroads had conspired to block the construction of a coal slurry pipeline to serve utilities in Arkansas and Texas.

Represented investor-owned utility in arbitration under price-reopener provision of rail transportation agreement. Utility awarded significant rate reduction by Arbitration Panel. Successfully defended Award in confirmation proceedings in the United States District Court for the Northern District of Oklahoma and United States Court of Appeals for the Tenth Circuit, culminating with Tenth Circuit granting utility its attorneys’ fees.

Represented rural electric cooperative in arbitration proceeding relating to termination of long-term coal transloading agreement and determination of related termination costs. Obtained substantial reduction in termination costs and resulted in overall transportation cost savings.

Represented rural electric cooperative in an arbitration proceeding relating to force majeure disputes under a coal supply contract. Successfully defended force majeure claim resulting in substantial fuel cost savings.

Represented major intermodal rail transportation logistics provider in arbitration proceeding relating to breach of contract dispute with customer. Successfully obtained damages award in excess of $14 million, including award of attorneys’ fees.

Awards

Top Rated Transportation & Maritime Attorney in Washington, DC (2014 - 2015, 2018 - 2022)

Super Lawyers

Best Lawyers in Transportation Law

Best Lawyers in America

A/V Preeminent Rated: Peer Rated for Highest Level of Professional Excellence (since 1997)

Martindale-Hubbell

Chambers Review

Provided by Chambers

USA

Transportation: Rail (for Shippers) - USA - Nationwide
2
Band 2

Frank Pergolizzi represents shippers in litigation at both a federal and state level, and also maintains an active regulatory practice. He is experienced in rail contract disputes and negotiations regarding transportation and fuel supply rates.

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