Mining and Minerals Litigation

Gould & Ratner has over 50 years' experience in the mineral and mining industries. The firm's litigation attorneys have handled a variety of issues involving contract disputes, regulatory enforcement, employment, land use, subsidence, occupational disease and personal injury and wrongful death. Examples of our work in this area include:

• Breach of Contract Litigation. Gould & Ratner defended an Illinois coal producer in a Wisconsin lawsuit filed by the Dairyland Power Cooperative, claiming breach of a contract to deliver in excess of a million tons of coal. The case went to trial and concluded with a favorable jury verdict for our client.
• Benefits Accounting Arbitration. The firm was retained by a coal mining company in an arbitration against a public utility arising from a multi-million dollar dispute concerning accounting treatment of post-retirement medical benefits as affecting price in a long-term commodity contract. The arbitration resulted in a ruling completely in our client's favor, resulting in a benefit to our client over the term of the contract in the tens of millions.
• Contract Termination Arbitration. The firm was retained by a coal producer to defend a major arbitration action brought by a Midwestern electricity provider which sought to terminate a long-term energy supply contract. Our client had dedicated the production of a deep mine to servicing the contract. This arbitration, involving highly technical engineering and coal mining issues and evidence, resulted in confirmation of the contract, allowing the mine to remain open and profitable for the remaining ten years of the contract.
• Clean Water Act Litigation. Gould & Ratner defended a major Midwest aggregate and construction material producer, in a federal civil lawsuit brought by the United States Army Corps of Engineers alleging violation of the Clean Water Act. The case was successfully settled after a mediation proceeding.
• Personal Injury and Wrongful Death Litigation. In addition to commercial disputes, Gould & Ratner has been retained to defend many wrongful death and serious personal injury claims brought against Midwest based stone and coal mining companies, for more than 25 years. These have included quarry and mine accidents involving on and off-road vehicles, construction accidents, explosions, drownings, and material handling accidents.
• Administrative Proceedings. The firm has taken an active role for many years as a consultant and advocate for our client in Mine Safety and Health Administration and other administrative investigations which have resulted from these and other mining accidents. Gould & Ratner attorneys are also recognized authorities in administrative occupational disease proceedings.