Ashby & Geddes Obtains $2.8 Million Damage Award For Mining Client Against Major Western Utility

Ashby & Geddes recently obtained a $2.8 million damage award on behalf of OCI Wyoming, L.P., a miner and producer of trona ash, against PacifiCorp, a provider of electrical power for much of the Northwest United States.  OCI claimed that a series of debilitating power outages from 2001-2003 breached a Master Electric Services Agreement between the parties, resulting in plant and mine shutdowns.  Following a two-week trial before an advisory jury in the United States District Court for the District of Wyoming and an appeal and remand by the Tenth Circuit Court of Appeals (479 F.3d 1199), the trial court entered judgment in OCI’s favor in the amount of $2.8 million.  A team of Ashby & Geddes attorneys from the Public Utility Law and Commercial Litigation and Counseling groups, including James McC. Geddes, Philip Trainer, Jr., Richard L. Renck, Benjamin W. Keenan and Andrew D. Cordo, acted as trial and appellate counsel for OCI.  This case is captioned OCI Wyoming, L.P. v. PacifiCorp, C. No. 03-CV-259-B (D. WY.)