Item 3. Legal Proceedings
ITEM 3. LEGAL PROCEEDINGS
From time to time, we are party to litigation matters incidental to the conduct of our business. It is the opinion of management that the ultimate resolution of our pending litigation matters will not have a material adverse effect on our financial condition, results of operation or liquidity. However, we cannot assure you that disputes or litigation will not arise or that we will be able to resolve any such future disputes or litigation in a satisfactory manner. The information under "General Litigation" and "Other" in "Item 8. Financial Statements and Supplementary Data—Note 23 – Commitments and Contingencies" is incorporated herein by this reference.
Litigation was initiated in November 2019 in the U.S. District Court for the Western District of Kentucky ( Branson v. Webster County Coal, LLC et al. ) against certain of our subsidiaries in which the plaintiffs allege violations of the Fair Labor Standards Act and Kentucky Wage and Hour Act due to alleged failure to compensate for time "donning" and "doffing" equipment and to account for certain bonuses in the calculation of overtime rates and pay. The plaintiffs seek class and collective action certification. A similar lawsuit was initiated in March 2020 in the U.S. District Court for the Eastern District of Kentucky ( Brewer v. Alliance Coal, LLC, et al. ). Collectively, the plaintiffs of these two lawsuits allege damages ranging from approximately $22.2 million to $143.7 million. Subsequently, four additional lawsuits making similar allegations were initiated against certain of our subsidiaries: filed March 4, 2021 in the Circuit Court for Hopkins County, Kentucky ( Johnson v. Hopkins County Coal, LLC, et al. ); filed April 6, 2021 in the U.S. District Court for the Northern District of West Virginia ( Rettig v. Mettiki Coal WV, LLC, et al. ); filed April 9, 2021 in the U.S. District Court for the Southern District of Illinois ( Cates v. Hamilton County Coal, LLC, et al. ); and filed April 13, 2021 in the U.S. District Court for the Southern District of Indiana ( Prater v. Gibson County Coal, LLC, et al. ). The plaintiffs in these
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cases seek to recover alleged compensatory, liquidated and/or exemplary damages for the alleged underpayment, and costs and fees that potentially may be recoverable under applicable law. We believe the claims made in these lawsuits are without merit and we are defending the litigation vigorously. We do not believe this litigation will have a material adverse effect on our business, financial position, or results of operations.
ITEM 4. MINE SAFETY DISCLOSURES
Information concerning mine safety violations or other regulatory matters required by Section 1503(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act and Item 104 of Regulation S-K (17 CFR 229.104) is included in Exhibit 95.1 to this Annual Report on Form 10-K.
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PART II