Cases & Deals

Southern Company Energy Marketing wins summary judgment on all liability issues in coal contract dispute

Clients Southern Company Energy Marketing, LP

On behalf of Southern Company Energy Marketing, LP, Jones Day obtained summary judgment on all liability issues in a coal contract dispute involving claims for breach of contract and anticipatory repudiation of a multi-million dollar coal supply contract. The court ruled as a matter of law that Southern had complied with its contractual obligations and that the plaintiff defaulted and anticipatorily repudiated the contract in failing to accept and pay for the coal required under the parties' agreement.

Resource Fuels, LLC v. Southern Company Energy Marketing, LP, NO. 2:99-0493 (S.D.W.Va.)

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