Practice Areas
Litigation
Alternative Dispute Resolution
Transportation
Fuel Supply
Antitrust
Honors
“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.” Chambers USA, 2021.
Ranked by Chambers USA, “Leading Individuals,” for Transportation: Rail (for Shippers) (Nationwide)
The Best Lawyers in America, Transportation Law
Martindale-Hubbell A/V Preeminent Rated (since 1997)
Washington, D.C. Super Lawyers
Frank J. Pergolizzi
Slover & Loftus LLP
Partner
Email: fjp@sloverandloftus.com
Tel: (202) 347-7170
Fax: (202) 347-3619
Practice Focus
Frank J. Pergolizzi has represented shippers in transportation, fuel supply and energy related matters for nearly thirty years. This experience includes counseling clients on all phases of their relationships with railroads, including contract negotiation, contract administration and contract interpretation issues.
Mr. Pergolizzi’s extensive litigation experience includes litigation of rail transportation, fuel supply and other energy related contract disputes before federal and state courts, and commercial arbitration panels. This litigation has covered a variety of matters, including disputes relating to price renegotiation and price reopener provisions, compliance with service standards, force majeure disputes, and power plant construction disputes. Mr. Pergolizzi is also active in the firm’s representation of other transportation-related entities in various litigation matters. 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. This practice has included the representation of shippers in maximum rail rate litigation, rail merger proceedings, 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.
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.
Representative Legal Matters
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.
Admissions
Supreme Court of the United States
United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Tenth Circuit
United States District Court for the District of Columbia
Numerous Federal District Courts throughout United States
District of Columbia Bar
Virginia Bar
North Carolina Bar
Education
Wake Forest University School of Law (J.D. 1984)
Villanova University (B.A. 1981)
Catholic University of America, Columbus School of Law, (Visiting Fellow 1984-1985)
Publications
Editor, “Coal Supply Contracts” (Chapter 23) and “Coal” (Chapter 55), Energy Law and Transactions (Matthew Bender 2012 ed.)
Presentations
The Dustup Over Coal Dust
Frank J. Pergolizzi
Western Coal Traffic League Winter Meeting
Phoenix, Arizona, February 17, 2010
Railroad “Mythbusters”; Separating Fact From Fiction in the Powder River Basin Coal Transportation Market
Christopher A. Mills and Frank J. Pergolizzi
Western Coal Traffic League Winter Meeting
Phoenix, Arizona, February 14-17, 2006
The Western Rail Service Crisis and Its Impact on Contract Coal Shippers
Frank J. Pergolizzi
Western Coal Transportation Association
Tucson, Arizona, April 6, 1999