Javelin Global Commodities (UK) Ltd. v. Lexington Coal Company, LLC

── Javelin Global Commodities (UK) Ltd. v. Lexington Coal Company, LLC ── Court: Court of Appeals for the Second Circuit Date: May 01, 2026 Category: General 24-2840 (L) Javelin Global Commodities (UK) Ltd. v. Lexington Coal Company, LLC UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals for the Second Circuit, held at the 2 Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 3 1st day of May, two thousand twenty-six. 4 5 Present: 6 DEBRA ANN LIVINGSTON, 7 Chief Judge, 8 BARRINGTON D. PARKER, 9 MYRNA PÉREZ, 10 Circuit Judges. 11 12 _____________________________________ 13 14 JAVELIN GLOBAL COMMODITIES (UK) LTD., 15 BLUEGRASS COMMODITIES, LP, FORMERLY KNOWN 16 AS BLACKJEWEL MARKETING AND SALES, LLC, 17 18 Plaintiffs-Counter-Defendants-Appellees, 19 20 v. 24-2840 (Lead), 21 24-3065 (Con) 22 LEXINGTON COAL COMPANY, LLC, 23 24 Defendant-Counter-Claimant-Appellant. 25 _____________________________________ 26 27 For Plaintiffs-Counter-Defendants-Appellees: JOSHUA I. HAMMACK (Robert R. Bell III, on 28 the brief), Bailey & Glasser, LLP, 29 Washington, D.C. 30 31 For Defendant-Counter-Claimant-Appellant: JEFFREY T. CRISWELL, Dickie, McCamey & 32 Chilcote, P.C., Pittsburgh, PA. 1 33 34 Appeal from a judgment of the United States District Court for the Southern District of 35 New York (Hellerstein, J.). 36 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND 37 DECREED that the judgment of the district court is AFFIRMED. 38 Defendant-Counter-Claimant-Appellant Lexington Coal Company, LLC (“Lexington”) 39 appeals from a September 23, 2024 summary judgment order, an October 15, 2024 Order 40 Resolving Issues in Dispute, and a November 5, 2024 final judgment of the District Court for the 41 Southern District of New York (Hellerstein, J.), granting summary judgment to Plaintiffs-Counter- 42 Defendants-Appellees Javelin Global Commodities (UK) Ltd. (“Javelin”) and Bluegrass 43 Commodities, LP (“Bluegrass” or, with Javelin, “Plaintiffs”). This case arises out of Lexington’s 44 alleged breach of an exclusive marketing agreement, two metallurgical coal sales confirmations, 45 and three thermal coal sales confirmations. The parties signed a Term Sheet that set forth 46 settlement terms and later exchanged emails pertaining to the Term Sheet. The district court held: 47 (1) that Javelin, Bluegrass, and Lexington entered a binding Type I agreement as to the delivery 48 of thermal coal; (2) that the parties’ June 2022 email exchange constituted a binding modification 49 of the Term Sheet’s terms regarding the sale of metallurgical coal; and (3) that the parties entered 50 into a binding agreement to release claims relating to the exclusive marketing agreement in 51 exchange for