Representative Litigation

• 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.
• 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 manufacturer on appeal of a nine figure jury award for business losses resulting from a plant explosion and fire caused by resin product supplied by appellant.
• Represented Shamrock Coal 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.
• Obtained arbitration award on behalf of an out-of-state supplier of manufactured stone materials to the Knott County Courthouse project. Despite the fact that the materials were rejected and not installed, the AAA arbitrator determined that our client was owed the full purchase order amounts.
• 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.
• Has represented numerous 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.
• Has represented various coal operations in disputes with conflicting gas well and pipelines.
• Defended various coal companies in lost coal claims by owners and lessors.
• Defended various coal operations in coal trespass claims.

Reported Cases

• Cheyenne Resources, Inc. v. Elk Horn Coal Corp., 265 S.W. 3d 184, 2008 WL 4285121, 2006 WL 2520249
• Colliver v. Stonewall Equestrian Estates Assn, Inc.; 139 S.W.3d 521, 2003 WL 22872179 (subsequent appeal at 2006 WL 436063)
• Columbia Gas Transmission Corp. v. Consol of Kentucky, Inc; 15 S.W.3d 727, 2000 WL 217690
• Shamrock Coal Co., Inc. v. Maricle, Judge 5 S.W.3d 130, 1999 WL 1044473
• Karst-Robbins Coal Co., Inc. v. Arch of Kentucky, Inc; 964 S.W.2d 419, 1997 WL 706598
• Litton v. Mountaineer Land Co; 796 S.W.2d 860, 1990 WL 155684
• Kentucky-West Virginia Gas Co. v. Martin 744 S.W.2d 745, 1987 WL 43877

Representative Clients

• Alliance Coal, LLC
• Arch Coal, Inc.
• CTA Acoustics, Inc.
• International Coal Group, Inc.
• SunCoke Energy, Inc.
• Triangle Center Condominium Assn.

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

• Woodward/White's 2007-2009 editions of The Best Lawyers in America® in Mining Law

Education

1975 - J.D., University of Kentucky

1971 - B.S., Michigan State University

Seminars

Mr. Woods has presented numerous topics on mineral law at conferences and seminars sponsored by the Energy and Mineral Law Foundation (formerly Eastern 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?" 29^th 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. 19^th 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?" 14^th Annual Institute of the Eastern Mineral Law Foundation, May 1993

Publications

• "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
• Association of Trial Lawyers of America

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