Jonathan R. Ellis

Member

Biography

Jonathan Ellis focuses his practice in the areas of civil litigation, mine safety law, and occupational safety and health law. He regularly defends businesses in civil litigation against claims of wrongful death, deliberate intent, personal injury, wrongful termination, and breach of contract. Additionally, Jonathan counsels companies on safety compliance issues, represents them during accident investigations, and defends them against violations issued by various regulatory agencies such as MSHA and OSHA. Jonathan is the leader of the firm’s MSHA Team and Mine Emergency Response Team.

Representative Experience

Defended energy clients in civil litigation against claims of wrongful death, deliberate intent, personal injury, wrongful termination, and breach of contract
Represented mining companies on MSHA matters, including citation contests, accident investigations, pattern of violations issues, challenges of flagrant violations, and 110(c) investigations
Defended industrial client in contest of citations issued by OSHA
Represented mine operators on MSHA 105(c) claims of discrimination
Defended mine operators and mine supervisors in MSHA 110(c) investigations
Represented mine operators on pattern of violations issues
Defended mine operators in the contest of “flagrant” MSHA violations totaling more than $2 million in penalties
Represented mine operators on multiple fatality and serious accident investigations

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Licensed In

Kentucky
West Virginia

Education

J.D. Washington and Lee University School of Law

B.A. Concord College

Memberships

Energy & Mineral Law Foundation
West Virginia Coal Association, Safety Committee
Kentucky Coal Association, Health & Safety Committee
National Mining Association, Safety, Health & Human Resources Committee
Kanawha Valley Mining Institute
Tug Valley Mining Institute
Washington & Lee Alumni Association, Charleston Chapter
MENSA

Achievements

The Best Lawyers in America®, Mining Law (2016-Present)
Charles A. Tutwiler Scholar, Washington & Lee University School of Law

Speaking Engagements

Co-chair of EMLF Special Institute on Mine Safety and Health Law, March 2018
“Current MSHA 105(c) Issues,” Moderator, EMLF Special Institute on Mine Safety and Health Law, March 2018
“OSHA and the Multi-Employer Worksite,” Ohio Safety Congress, March 2017
“Mine Safety Law Roundtable,” WV Coal Association’s 44th Annual Mining Symposium, February 2017
“MSHA: What to Expect in 2016,” WV Coal Association’s 43rd Annual Mining Symposium, January 2016
“Flagrant Violations,” EMLF Special Institute on Mine Safety and Health Law, April 2014
“MSHA Case Law Recap,” WV Coal Association’s 41st Annual Mining Symposium, January 2014
“Other Enforcement Trends,” EMLF Special Institute on Mine Safety and Health Law, September 2012
“MSHA’s “Simplified” Proceedings,” WV Coal Association’s 38th Annual Mining Symposium, February 2011
“MSHA’s “Flagrant Violations” Rule: Defenses That Work, Don’t Work, or Might Work,” EMLF, 2009
Presented at industry associations’ legal training meetings and seminars

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