In an order filed August 19, 2011, U.S. District Court Judge Kern awarded Slover & Loftus LLP client Public Service Company of Oklahoma (“PSO”) the full amount of its requested appellate attorney fees.
The genesis of this case was a BNSF Railway Company (“BNSF”) claim that PSO owed it approximately $9.5 million dollars in alleged underpayments under a long term coal transportation agreement. An arbitration board rejected BNSF’s claim in its entirety and concluded that PSO had paid the correct amounts due under the rail contract. The United States District Court for the Northern District of Oklahoma confirmed the arbitrators’ decision and awarded PSO attorneys fees.
On appeal, the United States Court of Appeals for the Tenth Circuit affirmed the District Court’s confirmation decision, granted PSO’s motion for an award of appellate attorney fees, and directed the District Court to determine the appropriate amount of the fee award. Thereafter, Magistrate Judge McCarthy reviewed PSO’s motion for appellate attorney fees. He "determined that the number of hours expended, the hourly rate, and the expenses sought therein" were reasonable and recommended that PSO’s fee motion be granted. In his August 19, 2011 order Judge Kern adopted Magistrate Judge McCarthy’s recommendation.
For more information about this case, breach of coal transportation contracts, or rail litigation generally, please contact John H. LeSeur or Frank J. Pergolizzi of Slover & Loftus LLP.