BAY SHORE POWER COMPANY v. OXBOW ENERGY SOLUTIONS, LLC - Articles

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BAY SHORE POWER COMPANY v. OXBOW ENERGY SOLUTIONS, LLC

Posted by: Tanja Trezise on Aug 13, 2020

Head Comment: With dissenting opinion by MURPHY

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Gregory J. Phillips, Nicholas J. Secco, Trevor G. Covey, James E. von der Heydt, BENESCH FRIEDLANDER, COPLAN & ARONOFF LLP, Cleveland, Ohio, for Appellant.

Attorneys 2: ON BRIEF: John P. Gilligan, Daniel M. Anderson, ICE MILLER LLP, Columbus, Ohio, Derek R. Molter, ICE MILLER LLP, Indianapolis, Indiana, for Appellee.

Judge(s): MOORE, CLAY, and MURPHY, Circuit Judges

Court Appealed: United States District Court for the Northern District of Ohio at Toledo

CLAY, Circuit Judge. In 1998, Oxbow Energy Solutions (“Oxbow”) entered into a long-term supply contract to provide limestone to Bay Shore Power Company (“Bay Shore”). In 2014, Oxbow breached the agreement and Bay Shore initiated arbitration proceedings to vindicate its rights under the contract. After Bay Shore prevailed, it filed the instant action to confirm the arbitration award and recover its attorneys’ fees. The district court granted summary judgment for Oxbow, finding that the contract provides that both parties are to bear their own attorneys’ fees with no possibility of recovery by the prevailing party. For the reasons that follow, we disagree with the district court’s reasoning and REVERSE its judgment.

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