Frank J. Pergolizzi

Vcard

Slover & Loftus LLP
Partner
Email: fjp@sloverandloftus.com
T: (202) 347-7170
F: (202) 347-3619 

Practice Focus 

Frank J. Pergolizzi’s practice focuses on the litigation of rail transportation and coal supply 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, and force majeure 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 utility 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 

Represented investor-owned utility in breach of service provisions under long-term rail transportation contract in 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