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Litigation: As Expert Witness

Litigation support and expert testimony involving the appraisal of mineral interests taken in condemnation
  proceedings - conducted for Law Office of David Wilmoth on behalf of WPP LLC, et al. Case styled West Virginia
  Department of Transportation, Division of Highways v. Western Pocahontas Properties L.P., el, to be heard in the Circuit
  Court of Tucker County, West Virginia.
Litigation support and expert testimony involving alleged force majeure issues regarding a coal sales contract -
  conducted for Kirkland & Ellis LLP on behalf of Mirant Energy Trading, LLC. Case styled Mirant Energy Trading, LLC v.
  Alpha Coal Sales Company, LLC, to have been heard in State Court of Fulton County, Atlanta, Georgia.
Litigation support concerning coal permitting and economic issues involved in the award of a highway construction
  contract... conducted for The Law Office of Vincent Trivelli, PLLC on behalf of ACT Foundation. Case styled The
  Affiliated Construction Trades Foundation v. West Virginia Department of Transportation, et al.
Litigation support and expert testimony concerning force majeure issues regarding a coal supply agreement...
  conducted for Wyatt Tarrant & Combs on behalf of Wolf Run Mining Company, et al. Case styled Allegheny Energy
  Supply Company, LLC, et al. v Wolf Run Mining Company, et al., heard in Court of Common Pleas of Allegheny County,
  Pennsylvania, Pittsburgh, Pennsylvania.
Appraisal of equity interests and expert testimony involving the marital estate in divorce proceedings... conducted for
  Mediated Solutions, LLC on behalf of Cynthia Farrell. Case styled Cynthia Butler Farrell v. Hanford Francis Farrell, Jr., heard
  in Circuit Court of Sebastian County, Arkansas, Domestic Relations Division, Fort Smith, Arkansas.
Litigation support in a matter involving damage to coal reserves as a result of intentional flooding of an underground
  coal mine... conducted for Gentry Locke Rakes & Moore LLP on behalf of Yukon Pocahontas Coal Company, LP, RLLP, et
  al. Case styled Yukon Pocahontas Coal Company, LP, RLLP, et al. v. Consolidation Coal Company, et al., to have been
  heard in the Circuit Court for the County of Buchanan, Grundy, Virginia.
Litigation support and expert testimony involving alleged force majeure issues regarding a coal sales contract...
  conducted for K & L Gates LLP on behalf of Shenango Incorporated. Case styled Shenango Incorporated v. Massey
  Metallurgical Coal Sales Company, et al., to have been heard in the U.S. District Court for the Western District of
  Pennsylvania; Pittsburgh, Pennsylvania.
Litigation support and expert testimony involving an alleged breach of contract regarding a coarse tailings purchase
  agreement at a series of zinc mines in East Tennessee... conducted for Baker Botts LLP on behalf of ASARCO LLC. Case
  styled Rinker Materials South Central, Inc. v. ASARCO LLC, et al., heard in United States Bankruptcy Court, Southern
  District of Texas.
Litigation support concerning alleged breach of contract issues at an aggregate quarry in Kentucky... conducted for
  Reed Weitkamp Schell & Vice on behalf of Hanson Building Materials America, Inc. Case styled Norman Smith, et al. v.
  Hanson Aggregates Davon, Inc.
Litigation support and expert testimony concerning mineral appraisals in a divorce proceeding involved in a
  malpractice claim... conducted for Masters, Mullins & Arrington on behalf of Ann Cooley. Case styled Cooley v. Mendez
  Dawahare, et al., heard in the Circuit Court for Fayette County, Lexington, Kentucky.
Litigation support and expert testimony concerning alleged force majeure issues regarding a coal sales contract...
  conducted for Buchanan Ingersoll Professional Corporation on behalf of Wheeling-Pittsburgh Steel Corporation. Case
  styled Wheeling-Pittsburgh Steel Corporation v. Central West Virginia Energy Company, heard in the Circuit Court of
  Brooke County, West Virginia.
Litigation support concerning alleged breach of contract and tortious interference issues regarding a refuse hauling
  contract... conducted for Huddleston Bolen PLLC on behalf of Arch Coal, Inc. Case styled M&H Trucking, Inc., et al. v.
  Arch Coal, Inc., et al., heard in the Circuit Court of Mingo County, West Virginia.
Litigation support concerning a series of coal sales agreements at operations in southern West Virginia... conducted for
  Lewis Glasser Casey & Rollins on behalf of White Mountain Mining Co., LLC. Case styled American Metals & Coal
  International, Inc. v. White Mountain Mining Co., LLC, heard in the U.S. District Court for Southern West Virginia,
  Charleston.
Litigation support and expert testimony concerning fuel purchase and operating practice at an electrical repair
  facility... conducted for Woodward Hobson Fulton LLP on behalf of Cooper Industries, Inc. Case styled Adams, et al. v.
  Cooper Industries, Inc., et al, heard in U.S. District Court, Eastern Division, London, Kentucky.
Litigation support concerning the value of the mineral estate in a potential quarry property taken in condemnation...
  conducted for Stuart, Tinley, Peters, Thorn, Hughes, Faust & Madsen on behalf of Rita M. Mahaffey. Case styled Rita M.
  Mahaffey v. City of Atlantic, Iowa, heard in Iowa District Court, Cass County, Iowa.
Litigation support concerning a complaint of alleged improprieties of defendant in his capacity as Executor and
  Trustee of an estate... conducted for Stoll Keenon & Park LLP on behalf of Pine Branch Coal Sales, heard in United States
  District Court, Eastern Kentucky, London, Kentucky.
Litigation support concerning the appraisal of the mineral estate in a property in an alleged taking... conducted for
  Farmer & Luna on behalf of Lincoln County Commission. Case styled HMA Contractors, Inc. v. Lincoln County, et al.,
  heard in Lincoln County Chancery Court, Fayetteville, Tennessee.
Litigation support and expert testimony regarding royalty calculation issues involving marine sand-dredging leases...
  conducted for McNichols Randick O'Dea & Tooliatos, LLP on behalf of James Peterson, et al. Case styled State of
  California v. Hanson Building Materials America, Inc., et al., heard in Superior Court of Contra Costa County, California.
•  Litigation support and expert testimony concerning the appraisal of a fee simple interest in property taken in
  condemnation proceedings... conducted for Spillman, Thomas & Battle, PLLC, on behalf of Dickinson Fuel Company,
  Inc., et al. Case styled CSX Transportation, Inc. v. Dickinson Fuel Company, Inc., et al, heard in Kanawha Circuit Court,
  Charleston, West Virginia.
Litigation support and expert testimony concerning valuation issues with regard to Charolais Corporation and B-Four,
  Inc.... conducted for Christopher D. Loizides, P.C. on behalf of Official Committee of Unsecured Creditors of Centennial
  Resources Corporation. Case styled Official Committee of Unsecured Creditors v. Sunshine Energy, Inc., et al., heard in
  U.S. Bankruptcy Court, Louisville, Kentucky.
Litigation support and expert testimony arising from an alleged breach of a contract mining agreement in Wyoming
  County, West Virginia... conducted for Jackson & Kelly on behalf of Pioneer Fuel Corporation. Case styled A.T.V. Voyager
  v. Gary Kale, et al., heard in the Circuit Court of Wyoming County, Pineville, West Virginia.
Litigation support and expert testimony regarding coal bed gas issues in an appeal of ad valorem property taxes...
  conducted for Hook & Hook on behalf of Greene County Board of Assessment Appeals. Case styled Greene Energy, LLC
  v. Greene County Board of Assessment Appeals, heard in Green County Court of Common Pleas, Waynesburg,
  Pennsylvania.
Litigation support concerning the appraisal of a coal-bearing property in Harlan County, Kentucky, in the settlement of
  a Lands Unsuitable for Mining petition... conducted for Lawson and Lawson on behalf of Jericol Mining, Inc. Case styled
  Jacobe Company, LLC, et al. v. Commonwealth of Kentucky, heard in Harlan Circuit Court, Harlan, Kentucky.
Litigation support and expert testimony in a tortious interference action in Buchanan County, Virginia... conducted for
  Buchanan Ingersoll on behalf of Harman Mining Corporation. Case styled Hugh M. Caperton, et al. v. A. T. Massey Coal
  Company, Inc., et al., heard in the Circuit Court of Boone County, Madison, West Virginia.
Litigation support and expert testimony concerning the appraisal of the leased fee interest in limestone in a property in
  condemnation proceedings... conducted for Busch & Talbott, L.C. on behalf of A. J. Wolfe, Jr., et al., heard in Randolph
  County Circuit Court, Elkins, West Virginia.
Litigation support and expert testimony concerning the appraisal of the right to mine limestone in a leasehold estate in
  a property in condemnation proceedings... conducted for Busch & Talbott, L.C. on behalf of Century Limestone, Inc.,
  heard in Randolph County Circuit Court, Elkins, West Virginia.
Litigation support and expert testimony concerning the economic feasibility of mining specific coal bodies... conducted
  for DiTrapano, Barrett & DiPiero on behalf of the West Virginia Bureau of Employment Programs, Workers Compensation
  Division. Case styled WV Bureau of Employment Programs, Workers Compensation Division v. Bluestone Coal Corp.,
  heard in the Circuit Court of McDowell County, Welch, West Virginia.
Litigation support concerning successorship issues at a facility formerly operated by employees organized by the United
  Mine Workers of America... conducted for Spilman Thomas & Battle, PLLC, on behalf of Anker Group, Inc. Case styled
  United Mine Workers of America v. Thames Development, Ltd., et al., Braxton County, West Virginia.
•  Litigation support and expert testimony in a case involving breach of a sales contract... conducted for Buchanan
  Ingersoll on behalf of Harman Mining Corporation. Case styled Harman Mining Corporation, et al. v. Wellmore Coal
  Corporation, heard in the Circuit Court of Buchanan County, Grundy, Virginia.
Litigation support concerning a claim for damages arising from an alleged breach of a purchase agreement...
  conducted for Offutt, Fisher & Nord on behalf of Reading & Bates Corporation. Case styled SCW Associates, Inc. v.
  Reading & Bates Corporation, et al., to be heard in the Circuit Court of Kanawha County, Charleston, West Virginia.
Litigation support and expert testimony concerning a claim for damages arising from breach-of-contract issues in a
  contract mining agreement... conducted for McBrayer, McGinnis, Leslie & Kirkland, PLLC, on behalf of Jericol Mining, Inc.
  and Sigmon Coal Company. Case styled Sigmon Coal Company, et al. v. Universal Mining Corporation, et al., heard in
  Bell Circuit Court, Pineville, Kentucky.
Litigation support and expert testimony concerning the valuation of the minority shares of MPF Holdings, Inc., a natural
  resource landholding company in West Virginia... conducted for Jackson & Kelly PLLC representing the majority
  shareholder. Case heard in the Circuit Court of Kanawha County, Charleston, West Virginia.
Litigation support involving a joint-use rail trackage agreement and the timeliness of mining... conducted for Crowell &
  Moring LLP on behalf of CSX Transportation. Case styled CSX Transportation v. Norfolk Southern.
Litigation support concerning the adequacy of reserve estimates presented in an offering memorandum for an initial
  public offering... conducted for Kirkland & Ellis on behalf of Zeigler Coal Holding Company. Heard in U.S. District Court in
  Illinois.
Litigation support and expert testimony concerning a claim of tortious interference in the attempted acquisition of a
  coal mining company in Pike County, Kentucky... conducted for the law firm representing Zeigler Coal Holding
  Company. Case styled Alma Land Company, et al. v. Clipper Coal Corporation, et al., heard in Pike Circuit Court,
  Pikeville, Kentucky.
Litigation support and expert testimony concerning an alleged taking of coal mining rights as a result of a lands
  unsuitable action in Bell County, Kentucky... conducted for the Office of Legal Services of the Commonwealth of
  Kentucky representing the Department of Surface Mine Reclamation & Enforcement. Case styled D & N Coal Company
  v. Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet, heard in Bell Circuit Court,
  Pineville, Kentucky.
Litigation support concerning coal-related issues in litigation involving a CERCLA site in Harlan County, Kentucky...
  conducted for Akin, Gump, Strauss, Hauer & Feld on behalf of McGraw Edison Company. Case styled Amburgey, et al.
  v. McGraw Edison Company, et al., heard in U.S. District Court, Eastern Division, London, Kentucky.
Litigation support and expert testimony concerning an insurance-related claim for damages pertaining to the
  malfunction and loss of a front-end loader.... conducted for Kay Casto Chaney Love & Wise on behalf of Marathon
  LeTourneau Company. Case styled Reliance Insurance Company, et al. v. Marathon LeTourneau Company, et al., heard
  in U.S. District Court, Southern District, Huntington, West Virginia.
Litigation support concerning an alleged coal loss due to the siting of transmission lines... conducted for the Tennessee
  Valley Authority. Case styled Tennessee Valley Authority v. Tommy Stewart, et al., heard in the U.S. District Court, Eastern
  District, Knoxville, Tennessee.
Litigation support concerning value and solvency issues in a series of agreements between the parties... conducted for
  Peterson Farris & Jones on behalf of Southwestern Public Service Company. Case styled Vermejo Park Corporation v.
  Southwestern Public Service Company.
Litigation support and expert testimony concerning issues relating to the economic impact of the 1982 Powder River
  Basin federal lease sale.... conducted for Ziontz, Chestnut, Varnell, Berley & Slonim on behalf of the Northern Cheyenne
  Tribe. Case styled The Northern Cheyenne Tribe v. Donald Hodel, et al., heard in U.S. District Court, Billings, Montana.
Litigation support and expert testimony concerning the valuation of a series of coal properties involved in a loan
  underwriting.... conducted for Davis Polk & Wardwell on behalf of Donaldson, Lufkin & Jenrette. Case styled Industrial
  Indemnity Company v. FGC Services, Inc., et al., heard in The Superior Court of the State of California in and for the City
  and County of San Francisco.
Litigation support and expert testimony concerning estimates of coal tonnage and value in a coal trespass case...
  conducted for Kay Casto Chaney Love & Wise on behalf of American Electric Power. Case styled Coal River Coals, Inc. v.
  Cedar Coal Company, heard in the Circuit Court of Boone County, Madison, West Virginia.
Litigation support concerning the valuation of a series of coal properties and a coal sales contract involved in the merger
  of two companies in Colorado and New Mexico... conducted for Davis Polk & Wardwell on behalf of Donaldson, Lufkin &
  Jenrette. Case styled Kaiser Steel Corporation v. Joseph A. Frates, et al., heard in U.S. Bankruptcy Court, Denver,
  Colorado.
•  Litigation support and expert testimony concerning due diligence requirements in the preparation of offering
  memoranda for a series of limited partnerships involving coal properties in eastern Kentucky... conducted for Gibbs Roper
  Loots & Williams on behalf of investors in the limited partnerships. Case styled Dopke, et al. v. Clapp & Eisenberg, et al.,
  heard in U.S. District Court, Eastern District, Wisconsin.
Litigation support concerning coal quality specifications under a coal sales agreement with a coal producer...
  conducted for Jackson & Kelly on behalf of Delmarva Power & Light Company. Case styled Oneida Coal Company v.
  Delmarva Power & Light Company, heard in U.S. District Court, Northern District, Charleston, West Virginia.
Litigation support and expert testimony concerning coal reserve estimation and projected mining costs for an operation
  in Wise County, Virginia... conducted for Thompson, Hine & Flory on behalf of Gulf + Western Industries, Inc. Case styled
  Coal Resources, Inc., et al. v. Gulf & Western Industries, Inc., et al., heard in U.S. District Court, Southern District, Cincinnati,
  Ohio.
Expert testimony concerning coal reserve estimation and valuation for an operation in Logan County, West Virginia...
  conducted for the law firm representing Gulf Energy Corporation. Case styled Zobrist, et al. v. Gulf Energy Corporation,
  heard in U.S. District Court, Salt Lake City, Utah.

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