United States Federal Circuit

Legal fees and other costs incurred in a successful defense against environmental criminal charges that never ripened into criminal charges are recoverable under defendant's contract with the Department of Energy.

Appellate Information

• Decided 04/16/2003
• Published 04/16/2003

Judges

• DYK, Circuit Judge., Before NEWMAN, RADER and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John A. Kolar, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellant.   With him on the brief were Robert D. McCallum, Jr., Acting Associate Attorney General;  David M. Cohen, Director;  and Mark A. Melnick, Assistant Director.   Of counsel on the brief was Marc Johnston, Attorney, Office of General Counsel, Department of Energy, of Washington, DC.


• For Appellees:
  
• Richard J. Ney, Chadbourne & Parke LLP, of Los Angeles, CA, argued for appellee.   Of counsel were Scott James Preston;  and William J. Kelly, III, Kelly & Kelly, of Irvine, CA.