Litigation Support

Examples of Litigation and Arbitration Support Experience …

  • Rail Rate Reasonableness

  • Lost profits and damages calculations

  • Verified Statements, Expert Witness Testimony

  • Joint Service Agreements

  • Contract disputes

  • Anti-trust determinations

Regulatory Economics

The Firm has been, and is, intimately involved with the many changes engendered by the regulation and deregulation of the transportation and utility industries. Many of these regulatory changes were, and are, highly problematic to both carriers and shippers. Research performed by L. E. Peabody & Associates, Inc. has been instrumental in the formulation of regulatory and legislative rules and statutes and their application to our clients. L. E. Peabody & Associates, Inc. enjoys an extensive knowledge of the dynamics of regulation both in the federal and state arenas. This depth of knowledge is a distinct advantage in assessing the effects of deregulation and in developing strategies necessary to avoid the harmful effects of deregulation while maximizing the benefits of greater market freedom. The historical data we have gathered are valuable assets in assisting our clients. Our library includes databases from publicly available sources such as the Surface Transportation Board (and its predecessor, the Interstate Commerce Commission), the Energy Information Administration, the Federal Energy Regulatory Commission, the Securities and Exchange Commission, the Postal Rate Commission, the Bureau of Labor Statistics and the Federal Reserve Board, as well as extensive databases developed in-house. These databases, used in conjunction with a highly sophisticated and customized computer capability, enable the incisive analysis which has led to substantial benefits in the regulatory arena for the Firm's clients.

Lost Profits and Damages Calculations

When service level requirements are not met, or a third party's action (or inaction) has caused harm to our clients, there often arises a need for defensible and well supported damage calculations or lost profit calculations. Our Firm has decades of experience developing well supported and documented evidence for litigation purposes. Expert testimony provided by L. E. Peabody & Associates, Inc.'s personnel has helped our clients win damages and settlements amounting to several hundreds of millions of dollars.

Contract Disputes

L. E. Peabody & Associates, Inc. is, first and foremost, a Firm which bases analyses and actions upon forces within the marketplace. However, when the logical construct of marketplace economics is not available or fails to compel logical reaction, litigation may offer a viable recourse to ensure that a client's best interests are served. Our Firm works on a daily basis with members of the legal community. Attorneys request our negotiating expertise and expert testimony in disputes involving a broad range of commercial issues. Our Firm has decades of experience drafting, negotiating, and disputing contracts in the transportation and energy industries. Our clients benefit from this experience when negotiating difficult contract related issues, or when that fails, in litigation support.

Antitrust Determinations

Enforcing government regulations meant to prevent monopolistic exploitation requires first establishing that the entity in question has sufficient market power to be subject to regulation. Our Firm has developed the evidence necessary to establish the market dominance of monopolistic entities for hundreds of cases. This experience is invaluable to our clients as the first step in determining our clients' rights and actionable options.