4th Circ. Revives Coal Contract Dispute, Citing Hertz

Law360, New York (April 13, 2011, 8:25 PM EDT) -- The Fourth Circuit revived a breach of contract dispute Wednesday between a coal mining company and Severstal Wheeling Inc., finding diversity jurisdiction existed because under Hertz v. Friend, Severstal's principal place of business was in Michigan, not West Virginia.

A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit sided with A.T. Massey Coal Co. in a suit accusing Severstal's affiliate Mountain State Carbon LLC of breaching a coal supply agreement with Massey unit Central West Virginia Energy Co. by refusing to accept...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.