News & Events

The Second Circuit Court of Appeals recently affirmed a judgment by Southern District Judge Paul Crotty awarding Simpson Thacher client L-3 Communications the substantial costs of bonding a $135 million damage award that was subsequently reversed on appeal and remanded for a new trial. The Firm was retained to replace L-3’s original trial counsel for the anticipated re-trial and to pursue the costs of appeal.

The specific issue before the Court was whether a district court has authority to award bond costs in the absence of a specific mandate from the appellate court. The Court of Appeals, noting that this was a case of first impression in the Second Circuit, held that no such specific mandate is required, despite authority to the contrary in two other Circuits.

The Simpson Thacher trial and appellate team includes Joe Wayland, who argued the appeal, David Woll, Summer Craig and Linton Mann.