Commercial Litigation

Represented Central West Virginia Energy (Central Energy) in a suit against Mountain State Carbon and related companies in federal court for breach of a coal supply contract and related tort claims arising out of improper interference with Mountain State Carbon’s contractual obligations. Damages claimed exceeded $30,000,000. After the claims were dismissed for lack of jurisdiction, Central Energy pursued an appeal to the Fourth Circuit Court of Appeals, which reversed the dismissal and reinstated the claims to be resolved on the merits. The Fourth Circuit’s opinion was the first federal appellate court decision to apply the United States Supreme Court’s “nerve center” test announced in the decision of Hertz v. Friend, 130 S. Ct 1181 (2010) for determining where a corporation has its “principal place of business” for purposes of ascertaining federal court jurisdiction over claims between citizens of different states (known as diversity jurisdiction).