Arch Coal (ACI)

On May 2, 2006, following the Mullins/Ocean phase I trial in which we were not involved, the jury returned a verdict against the two non-settling defendants. However, the trial court set aside that verdict and granted judgment in favor of those defendants. The plaintiffs in that trial group appealed that decision, and, on June 26, 2008, the Supreme Court of Appeals reinstated the verdict. The court also reversed the January 18, 2007, dismissal of claims involving the Coal River watershed, in which we were named. Everything was remanded to the Mass Litigation Panel (the “Panel”) on September 17, 2008.

 

The parties were ordered to mediate the case, and a confidential global settlement was reached on December 10, 2009. The Panel has scheduled a hearing for March 23, 2010 to finalize the settlement.

 

2006, following the Mullins/Oceana phase I trial, in which we were not involved, the jury returned a verdict against the two non-settling defendants. However, the trial court set aside that verdict and granted judgment in favor of those defendants. The plaintiffs in that trial group appealed that decision, and on June 26, 2008, the Supreme Court of Appeals reinstated the verdict. The court also reversed the January 18, 2007 dismissal of claims involving the Coal River watershed, in which we are named. Everything was remanded to the Mass Litigation Panel on September 17, 2008. No trial dates are set.

 

 

Over 2,000 plaintiffs have sued us and more than 100 other
defendants in Wyoming, Fayette, Kanawha, Raleigh, Boone and
Mercer Counties, West Virginia, for property damage and personal
injuries arising out of flooding that occurred in southern West
Virginia on or about July 8, 2001. The plaintiffs have sued
coal, timber, oil and gas, and land companies under the theory
that mining, construction of haul roads and removal of timber
caused natural surface waters to be diverted in an unnatural
way, thereby causing damage to the plaintiffs.

 

The West Virginia Supreme Court of Appeals ruled that these
cases, along with other flood damage cases not involving us,
will be handled pursuant to the court’s mass litigation
rules. As a result of this ruling, the cases were initially
transferred to the Circuit Court of Raleigh County in West
Virginia to be handled by a panel consisting of three circuit
court judges. Trials by watershed were initiated, to proceed in
phases. On May 2,

2006, following the Mullins/Oceana phase I trial, in which we
were not involved, the jury returned a verdict against the two
non-settling defendants. However, the trial court set aside that
verdict and granted judgment in favor of those defendants. The
plaintiffs in that trial group appealed that decision, and on
June 26, 2008, the Supreme Court of Appeals reinstated the
verdict. The court also reversed the January 18, 2007
dismissal of claims involving the Coal River watershed, in which
we are named. Everything was remanded to the Mass Litigation
Panel on September 17, 2008. No trial dates are set.

 

timber, oil and gas, and land companies under the theory that mining, construction of haul roads and removal of timber caused natural surface waters to be diverted in an unnatural way, thereby causing damage to the plaintiffs.

 

The West Virginia Supreme Court has ruled that these cases, along with other flood damage cases not involving us, will be handled pursuant to the court’s mass litigation rules. As a result of this ruling, the cases have been transferred to the Circuit Court of Raleigh County in West Virginia to be handled by a panel consisting of three circuit court judges. Trials, by watershed, have begun and are proceeding in phases. On May 2, 2006, following the Mullins/Oceana phase I trial, in which we were not involved, the jury returned a verdict against the two non-settling defendants. However, the court set aside that verdict and granted judgment in favor of the defendants. The plaintiffs in that trial group have appealed that decision, and we, along with other defendants, have filed an amicus brief in that appeal. We were previously named in cases involving the Coal River watershed; however, on January 18, 2007, the court dismissed the plaintiffs’ claims involving that watershed for failure to state a claim. This ruling has also been appealed. We are also named in the remaining Upper Guyandotte watershed trial group. A trial date has not yet been set for that group.

 

 

There were no matters submitted to a vote of security holders through the solicitation of proxies or otherwise during the fourth quarter of 2007.

 

timber, oil and gas, and land companies under the theory that
mining, construction of haul roads and removal of timber caused
natural surface waters to be diverted in an unnatural way,
thereby causing damage to the plaintiffs.

 

The West Virginia Supreme Court has ruled that these cases,
along with other flood damage cases not involving us, will be
handled pursuant to the court’s mass litigation rules. As a
result of this ruling, the cases have been transferred to the
Circuit Court of Raleigh County in West Virginia to be handled
by a panel consisting of three circuit court judges. Trials, by
watershed, have begun and are proceeding in phases. On
May 2, 2006, following the Mullins/Oceana phase I trial, in
which we were not involved, the jury returned a verdict against
the two non-settling defendants. However, the court set aside
that verdict and granted judgment in favor of the defendants.
The plaintiffs in that trial group have appealed that decision,
and we, along with other defendants, have filed an amicus brief
in that appeal. We were previously named in cases involving the
Coal River watershed; however, on January 18, 2007, the
court dismissed the plaintiffs’ claims involving that
watershed for failure to state a claim. This ruling has also
been appealed. We are also named in the remaining Upper
Guyandotte watershed trial group. A trial date has not yet been
set for that group.

 

 

There were no matters submitted to a vote of security holders
through the solicitation of proxies or otherwise during the
fourth quarter of 2007.