Arch Coal v. Tuco, Inc.

We were advising and assisting the client in very contentious negotiations over a price adjustment provision in a long term, high volume coal supply contract.  As it began to become apparent the negotiations were unlikely to reach a mutually acceptable conclusion, we helped formulate a strategy that resulted in a complete re-negotiation of the contract, resulting in new pricing and other significant concessions by the utility.  We filed suit on behalf of our client in the 6th Judicial District, Campbell County, Wyoming in anticipation of the filing of a claim by the Defendant utility in its own jurisdiction in Texas.  The existence of the case in Wyoming assisted in reaching a commercial resolution to the dispute on terms favorable to the client.