Category: Mining Engineering Expert Witness
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Court excludes the testimony of Mining Engineering Expert Witness for not being of sufficient assistance to the trier of fact in determining whether the coal was mineable or merchantable
This legal dispute stemmed from American Carbon Corporation (ACC) allegedly breaching a lease granting exclusive mining rights for coal owned by Big Sandy in Pike County, Kentucky. ACC was allowed to mine the “Demised Coal,” defined as mineable and merchantable coal within the property boundaries. In return, ACC was obligated to diligently mine, pay royalties,…