PALO ALTO, Calif.--()--Dorsey & Whitney LLP’s Palo Alto office successfully obtained a $3.5 million arbitration award for Waste Connections, Inc.’s subsidiary, Potrero Hills Landfill, Inc., including over $1 million in attorney’s fees and costs.
“Long-term and exclusive contracts are the norm in the waste management industry”
The arbitrator, the Hon. Fern Smith (ret’d) of JAMS issued the Final Award in August and the San Francisco Superior Court confirmed it in October 2012. The case stems from an arbitration demand for breach of contract Waste Connections filed against The Ratto Group of Companies, Inc. in July 2010. The two companies entered a long-term Solid Waste Disposal Agreement in May 2009 pursuant to which The Ratto Group agreed to include Waste Connections’ Potrero Hills Landfill as the exclusive disposal site in any bid it submitted to Sonoma County. The Ratto Group violated the exclusive disposal obligations when it submitted a bid to transport the County’s waste to a competing landfill operator.
Waste Connections’ victory reaffirms the validity of long-term contracts in the waste management industry according to Jack Hursh, Waste Connections’ attorney and Partner at Dorsey Palo Alto. “Long-term and exclusive contracts are the norm in the waste management industry,” Hursh said. “Waste Connections relies on these contracts to run its integrated waste management business efficiently and effectively. This case sends a strong message that these long-term exclusive contracts mean what they say and they will be enforced.” added Hursh.
Jack Hursh and Martha Luemers, also of Dorsey Palo Alto, arbitrated Waste Connections’ case. Other Dorsey Palo Alto team members who played a critical role in Waste Connections’ victory include Teresa Castro, Craig Ritchey, Karen Wentzel, Josh Garber, Susan Kalb, Margaret Stork and Seamus Scanlon.
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