This is an Advertisement

Professionals

Jeff A. Woods

Senior Counsel

P 859-288-7632 F 859-259-0649

250 West Main Street
Suite 1600
Lexington, KY 40507

 

Jeff Woods is a member of the Natural Resources & Environmental Service Team.  He concentrates his practice in complex litigation matters and has extensive experience litigating and arbitrating coal supply agreements, construction contracts, mineral property disputes and other claims affecting the coal industry.

Jeff A. Woods

Location

250 West Main Street
Suite 1600
Lexington, KY 40507

Representative Matters

  • Represent a publicly held coal producer in a long running dispute with Allegheny Energy Supply and Monongahela Power over a long term coal supply contract.
  • Represent a closely held coal operator in claims for breach of a coal supply agreement by two coal producers.
  • Represented Oxford Mining in a breach of coal supply agreement claim against Big Rivers Electric Cooperative, achieving a settlement of $19.5 million.
  • Represented an Indiana coal producer in dispute with Indiana utility over a price re-opener in a long term coal supply agreement, achieving a successful result in arbitration.
  • Represented the former owners of Elk Horn Coal in an indemnity dispute relating to the sale of the company, resulting in the buyer’s withdrawal of the indemnity claim.
  • Represented a publicly traded coal client in an extended arbitration proceeding with a power generation customer in Oklahoma. Successfully defeated the customer's multi-million dollar claims and achieved a seven figure award on behalf of the client on disputes arising out of the long term coal supply agreement.
  • Served as lead counsel in resolving nearly 500 claims asserted against Martin County Coal resulting from its impoundment spill in October 2000. Obtained a partial summary judgment denying punitive damages as a matter of law, and successfully defended efforts to convert the claims into a class action.
  • Represented a coal producter through Kentucky appellate courts in successfully achieving dismissal of civil claims challenging the constitutionality of workers' compensation immunity provisions and attempting to achieve intentional conduct exception with intentional act allegations.
  • Successfully represented a neighborhood association in enforcing restrictive covenant against construction of unattached garage, enjoining the construction and compelling the removal of an offending garage and associated improvements.
  • Have represented numerous other suppliers and buyers of coal in disputes over coal supply agreements, including issues surrounding price re-openers, quality disputes, force majeure claims, tonnage shortfalls, transportation requirements, and interference claims.
  • Have represented various coal operations in disputes with conflicting gas wells and pipelines.
  • Defended various coal companies in lost coal claims by owners and lessors.
  • Defended various coal operations in coal trespass claims.

Representative Clients

  • Arch Coal
  • CONSOL Energy
  • Dixie Fuel
  • Orlando Utilities Commission
  • Oxford Natural Resources
  • Patriot Coal
  • Triangle Center Condominium Assn.
  • Vectren

Professional Experience

  • Judicial Law Clerk for the Fayette Circuit Court, 1975-76
  • Chief Staff Attorney for the Kentucky Court of Appeals, 1976-79
  • KBA, House of Delegates, 1987-1992
  • KBA, Lawyer Professionalism Committee, 1988-1998

Honors

Best Lawyers Generic Honor LogoJeff Woods, SL

  • Woodward/White’s The Best Lawyers in America® Mining Law, 2007-2017
  • Best Lawyers® 2016 Lexington Mining Law "Lawyer of the Year"
  • Kentucky Super Lawyers® 2007-2013, 2016-17
  • Martindale Hubbell "AV" Rated

Education

1975 - J.D., University of Kentucky

1971 - B.S., Michigan State University

Presentations

Mr. Woods has presented numerous topics on mineral law at conferences and seminars sponsored by the Energy and Mineral Law Foundation and the University of Kentucky.  His seminars include the following:

  • "What Kinds of Punitive Damages May Be Awarded for Willful Trespass Claims?" 29th Annual Institute of the Energy and Mineral Law Foundation, May 2008
  • "A Survey of the Law in Major Coal Producing States - When is an Employer or its Corporate Parent Civilly Liable to its Employee for Workplace Injury Despite Workers' Compensation Immunity?" 25th Annual Institute of the Energy and Mineral Law Foundation, May 2004
  • Coal v. Gas Issues Panel, "Equitable Resources Energy Co. v. CONSOL" and "Columbia Gas Transmission Corp. v. CONSOL." EMLF and UK Conference on Mineral Law, October 1999
  • Coal Law Update. 19th Annual Institute of the Eastern Mineral Law Institute, May 1998
  • "Conflicts in Operations: Concurrent Development of Coal and Gas Properties -- Economic and Legal Liability for Relocation of Pipelines." EMLF and UK Conference on Mineral Law, October 1997
  • "The Continuing Viability of Subjacent Support and Subsidence Damage Waivers: Fact or Myth?" 14th Annual Institute of the Eastern Mineral Law Foundation, May 1993

Publications

  • Coal Supply Contracts, Chapter 23, Energy Law and Transactions (LexisNexis Matthew Bender 2013).
  • "A Survey of the Law - What Kinds of Punitive Damages May Be Awarded for Willful Trespass Claims?" 29 Energy and Mineral Law Institute, Chapter 4 (2008)
  • Conflicts in Operations: Concurrent Development of Coal and Gas Properties -- Economic and Legal Liability for Relocation of Pipelines. CONFERENCE ON MINERAL LAW, Oct. 1997. (Co-Authored with A. George Mason.)
  • The Continuing Viability of Subjacent Support and Subsidence Waivers: Fact or Myth? 14 EASTERN MINERAL LAW INSTITUTE (CH. 10) 1993. 
  • "Uniform Surface Use and Damage Act."  University of Kentucky Mineral Law Seminar, October 1989
  • Contributing author, "Kentucky Appellate Handbook," Banks-Baldwin, 1985 
  • "A Time Chart for Kentucky Appellate Practice."  Kentucky Bench and Bar, October 1979

Professional Activities and Memberships

  • Louisville, Fayette County, Kentucky and American Bar Associations
  • Trustee of the Energy and Mineral Law Foundation
  • Kentucky Bar Foundation
  • Fayette County Bar Foundation

Admissions

  • United States District Court, Eastern and Western Districts of Kentucky
  • United States Court of Appeals, Sixth Circuit
  • United States Supreme Court

Civic Involvement

  • Lexington Coal Exchange
  • Former Board of Directors of the Lexington-Fayette Urban County Blue Grass Airport, having served terms as Chair, Vice-Chair, Treasurer and Secretary of the Board.
  • Leadership Bluegrass, 1998
  • United Way Volunteer
  • PGA Championship Volunteer, Valhalla 2014

Representative Matters

  • Represent a publicly held coal producer in a long running dispute with Allegheny Energy Supply and Monongahela Power over a long term coal supply contract.
  • Represent a closely held coal operator in claims for breach of a coal supply agreement by two coal producers.
  • Represented Oxford Mining in a breach of coal supply agreement claim against Big Rivers Electric Cooperative, achieving a settlement of $19.5 million.
  • Represented an Indiana coal producer in dispute with Indiana utility over a price re-opener in a long term coal supply agreement, achieving a successful result in arbitration.
  • Represented the former owners of Elk Horn Coal in an indemnity dispute relating to the sale of the company, resulting in the buyer’s withdrawal of the indemnity claim.
  • Represented a publicly traded coal client in an extended arbitration proceeding with a power generation customer in Oklahoma. Successfully defeated the customer's multi-million dollar claims and achieved a seven figure award on behalf of the client on disputes arising out of the long term coal supply agreement.
  • Served as lead counsel in resolving nearly 500 claims asserted against Martin County Coal resulting from its impoundment spill in October 2000. Obtained a partial summary judgment denying punitive damages as a matter of law, and successfully defended efforts to convert the claims into a class action.
  • Represented a coal producter through Kentucky appellate courts in successfully achieving dismissal of civil claims challenging the constitutionality of workers' compensation immunity provisions and attempting to achieve intentional conduct exception with intentional act allegations.
  • Successfully represented a neighborhood association in enforcing restrictive covenant against construction of unattached garage, enjoining the construction and compelling the removal of an offending garage and associated improvements.
  • Have represented numerous other suppliers and buyers of coal in disputes over coal supply agreements, including issues surrounding price re-openers, quality disputes, force majeure claims, tonnage shortfalls, transportation requirements, and interference claims.
  • Have represented various coal operations in disputes with conflicting gas wells and pipelines.
  • Defended various coal companies in lost coal claims by owners and lessors.
  • Defended various coal operations in coal trespass claims.

Representative Clients

  • Arch Coal
  • CONSOL Energy
  • Dixie Fuel
  • Orlando Utilities Commission
  • Oxford Natural Resources
  • Patriot Coal
  • Triangle Center Condominium Assn.
  • Vectren

Professional Experience

  • Judicial Law Clerk for the Fayette Circuit Court, 1975-76
  • Chief Staff Attorney for the Kentucky Court of Appeals, 1976-79
  • KBA, House of Delegates, 1987-1992
  • KBA, Lawyer Professionalism Committee, 1988-1998

Honors

Best Lawyers Generic Honor LogoJeff Woods, SL

  • Woodward/White’s The Best Lawyers in America® Mining Law, 2007-2017
  • Best Lawyers® 2016 Lexington Mining Law "Lawyer of the Year"
  • Kentucky Super Lawyers® 2007-2013, 2016-17
  • Martindale Hubbell "AV" Rated

Education

1975 - J.D., University of Kentucky

1971 - B.S., Michigan State University

Presentations

Mr. Woods has presented numerous topics on mineral law at conferences and seminars sponsored by the Energy and Mineral Law Foundation and the University of Kentucky.  His seminars include the following:

  • "What Kinds of Punitive Damages May Be Awarded for Willful Trespass Claims?" 29th Annual Institute of the Energy and Mineral Law Foundation, May 2008
  • "A Survey of the Law in Major Coal Producing States - When is an Employer or its Corporate Parent Civilly Liable to its Employee for Workplace Injury Despite Workers' Compensation Immunity?" 25th Annual Institute of the Energy and Mineral Law Foundation, May 2004
  • Coal v. Gas Issues Panel, "Equitable Resources Energy Co. v. CONSOL" and "Columbia Gas Transmission Corp. v. CONSOL." EMLF and UK Conference on Mineral Law, October 1999
  • Coal Law Update. 19th Annual Institute of the Eastern Mineral Law Institute, May 1998
  • "Conflicts in Operations: Concurrent Development of Coal and Gas Properties -- Economic and Legal Liability for Relocation of Pipelines." EMLF and UK Conference on Mineral Law, October 1997
  • "The Continuing Viability of Subjacent Support and Subsidence Damage Waivers: Fact or Myth?" 14th Annual Institute of the Eastern Mineral Law Foundation, May 1993

Publications

  • Coal Supply Contracts, Chapter 23, Energy Law and Transactions (LexisNexis Matthew Bender 2013).
  • "A Survey of the Law - What Kinds of Punitive Damages May Be Awarded for Willful Trespass Claims?" 29 Energy and Mineral Law Institute, Chapter 4 (2008)
  • Conflicts in Operations: Concurrent Development of Coal and Gas Properties -- Economic and Legal Liability for Relocation of Pipelines. CONFERENCE ON MINERAL LAW, Oct. 1997. (Co-Authored with A. George Mason.)
  • The Continuing Viability of Subjacent Support and Subsidence Waivers: Fact or Myth? 14 EASTERN MINERAL LAW INSTITUTE (CH. 10) 1993. 
  • "Uniform Surface Use and Damage Act."  University of Kentucky Mineral Law Seminar, October 1989
  • Contributing author, "Kentucky Appellate Handbook," Banks-Baldwin, 1985 
  • "A Time Chart for Kentucky Appellate Practice."  Kentucky Bench and Bar, October 1979

Professional Activities and Memberships

  • Louisville, Fayette County, Kentucky and American Bar Associations
  • Trustee of the Energy and Mineral Law Foundation
  • Kentucky Bar Foundation
  • Fayette County Bar Foundation

Admissions

  • United States District Court, Eastern and Western Districts of Kentucky
  • United States Court of Appeals, Sixth Circuit
  • United States Supreme Court

Civic Involvement

  • Lexington Coal Exchange
  • Former Board of Directors of the Lexington-Fayette Urban County Blue Grass Airport, having served terms as Chair, Vice-Chair, Treasurer and Secretary of the Board.
  • Leadership Bluegrass, 1998
  • United Way Volunteer
  • PGA Championship Volunteer, Valhalla 2014
Jeff A. Woods