Ralph E. Burnham

Motion for summary judgment granted in favor of blasting client. The Sixth Circuit upheld the dismissal of Plaintiff’s Complaint as well as the award of attorneys’ fees in our client’s favor.

Succesfully defended our drilling and blasting client against claims of breach of contract and alleged inadequately performed blasting work. The court granted our client summary judgment, dismissed all of Plaintiff’s claims, and awarded our client all of its attorney fees and costs.  

Obtained a dismissal of a complaint on behalf of an appraiser client in Greenbrier County, West Virginia by successfully arguing an appraiser hired by the lender owes no duty to the property’s buyer. This appears to be a case of first impression under West Virginia law.

Successfully resolved a $7M arbitration claim in a construction dispute in Los Angeles, California which resulted in no payment to the claimant and a sizeable recovery for the firm’s client.

Successfully challenged MSHA citation on behalf of a blasting client, resulting in a reduction of assessed negligence and a significantly reduced fine.

Obtained a dismissal of a complaint on behalf of an appraiser client in Jefferson County, Kentucky successfully arguing an appraiser hired by the lender owes no duty to the property’s seller.

Successfully briefed and argued appeal of summary judgment on client’s behalf in personal injury claim.

Successfully challenged an ATF effort to revoke clients’ explosives licenses due to a theft and loss of explosives. Represented the clients before the ATF in Washington, D.C. ultimately negotiating a successful resolution for the clients that allowed them to maintain their licenses, avoid revocation / suspension, and avoid the cost of proceeding to an administrative hearing and potential appeal to federal circuit court.

Defense verdict in at jury trial of plaintiff’s claims alleging damage to her home and water well from mining and blasting operations.

Jury trial of plaintiff’s claims alleging property damage from nearby mining and blasting operations that resulted in a hung jury. The case subsequently settled for a nuisance amount significantly less than the pre-trial demand.

Won dismissal of administrative citations and notices of noncompliance by Kentucky Department of Mine Reclamation and Enforcement and the Kentucky Explosives and Blasting Branch against two blasting clients for alleged violations of Kentucky blasting laws and regulations.

Successfully defended a blasting client and construction client from claims arising from a road construction project in eastern Kentucky that involved more than 60 residential properties and a local school.

Directed verdict in favor of defendants at jury trial of plaintiffs’ claims alleging property damage from nearby mining and blasting operations.

Defense verdict at jury trial of plaintiff’s claims of appraiser malpractice.

Successfully defended a blasting client and quarry operation from claims arising from a fracking sand operation that involved more than 100 residential properties in Perry County, Missouri.

Defense verdict at jury trial of a plaintiff’s claims alleging property damage and loss of enjoyment and use of his property from blasting.