Kevin L. Colosimo

Pittsburgh
T 412.513.4320
F 412.513.4299
501 Grant Street
Union Trust Building, Suite 800
Pittsburgh, Pennsylvania 15219

Kevin Colosimo's practice spans the areas of oil and gas litigation, energy law, and business and contract law. He also has experience in international trade and creditors' rights, and has provided counsel to clients on a wide range of other legal matters that include risk management alternatives, claims assessment, and litigation strategy. Kevin was drawn to practice energy law by the entrepreneurial spirit and potential of the burgeoning oil and gas industry in Appalachia. He serves as the Member-in-Charge of FBT's Pittsburgh office.

Kevin is a frequent author and speaker on legal issues facing the oil and gas industry, having presented at the EMLF’s Annual Institute, Kentucky Mineral Law Conference, CAIL’s Institute for Energy Law and Law of Shale Plays Conference and numerous other bar and industry sponsored conferences. He is a regular advocate for the oil and gas industry at the State Capitol in Harrisburg. He served as a Member and Committee Co-Chair of the Marcellus Shale Roundtable sponsored by the University of Pittsburgh’s Institute of Politics. He serves as an officer and trustee for the Energy and Mineral Law Foundation. Kevin is a member of the United Way of Allegheny County's Tocqueville Society, the Advisory Board of the Salvation Army of Greater Pittsburgh and a Trustee of Seton Hill University in addition to involvement with various local charities. Kevin is AV rated by the Martindale-Hubbell Law Directory.

Representative Matters

  • Representation of oil and gas exploration and production company in first ever application for compulsory unitization in furtherance of unconventional well development under Pennsylvania’s Oil and Gas Conservation Law. (Pa. Dept. of Environmental Protection/Pa. Environmental Hearing Board).
  • Representation of oil and gas exploration and production company in action by coal operator to recover damages for coal allegedly rendered inaccessible by virtue of unconventional well pad development. (U.S. District Court for the Middle District of Pennsylvania).
  • Representation of oil and gas exploration and production company in substantive validity challenge to zoning ordinance and zoning permit challenge before municipal zoning hearing board. (Middlesex Twp., Butler Co., PA Zoning Hearing Board, affirmed, Court of Common Pleas of Butler County, Pennsylvania).
  • Represented an exploration and production company in evaluating and defending allegations from citizens that its drilling activities had caused contaminants, including possibly chemicals used in hydraulic fracturing, and methane migration to adversely impact their residential private drinking water supplies; and in evaluating the company’s pre- and post-drilling environmental investigations, including providing legal advice with respect to those practices.
  • Representing oil and gas exploration and production company in class action litigation brought by putative lessors seeking to enforce terms of non-binding lease offers (U.S. District Court for the Western District of Pennsylvania).
  • Representing oil and gas exploration and production company in oil and gas lease litigation brought by landowner coalition (Jefferson County, Ohio Court of Common Pleas).
  • Representing oil and gas exploration and production company in defense of action seeking equitably enforce purchase and sale agreement following termination (Private Arbitration, Pittsburgh, PA).
  • Represented an oil and gas exploration and production company in private water well contamination disputes (various Courts of Common Pleas).
  • Represented an oil and gas exploration and production company in mechanics' lien claims brought by a disgruntled subcontractor (Court of Common Pleas Butler County).
  • Represented oil and gas lessees in royalty and lease avoidance litigation (U.S. District Court for the Western District of Pennsylvania and various Courts of Common Pleas).
  • Represented an oil and gas exploration and production company in lease dispute litigation (Court of Common Pleas Cameron County).
  • Represented an oil and gas exploration and production company in an employment dispute (Court of Common Pleas Allegheny County).
  • Representing oil and gas exploration and production company in contractual dispute involving drill pipe failure (Courts of Common Pleas Beaver County).
  • Represented an oil and gas exploration and production company in quiet title actions (Court of Common Pleas Jefferson County and Court of Common Pleas Clearfield County).
  • Represented an oil and gas exploration and production company in land use and zoning disputes (Court of Common Pleas Butler County).
  • Represented an oil and gas exploration and production company in the settlement of a class action royalty dispute (Court of Common Pleas Westmoreland County).
  • Represented a quarry products manufacturer in a warranty and misrepresentation action brought by a quarry operator to recover alleged lost profits; unanimous jury verdict May 2011 (Court of Common Pleas Lawrence County).
  • Represented an architect in litigation with a restaurant complex alleging personal injury resulting from alleged parking lot design errors (Court of Common Pleas Blair County).
  • Represented a business owner in a partnership dispute and business separation (private arbitration).
  • Represented an architect in a premises liability claim involving allegations of architectural design defects at a hospital professional building resulting in personal injury to a hospital patron (Court of Common Pleas Cambria County).
  • Represented an environmental testing laboratory and laboratory personnel in an action brought by a homeowner alleging the laboratory’s error and omission in its performance of asbestos abatement testing (Court of Common Pleas Allegheny County).
  • Represented an engineering firm in a breach of contract claim brought by a municipality stemming from the failure of ductile iron piping at a water treatment facility; the case involved multiple party defendants and allegations of improper design specifications and negligent workmanship (Court of Common Pleas Allegheny County).
  • Represented an architect in a three-way dispute with a municipality owner, electrical engineer, and HVAC contractor; the case involved issues of design error and omission, breach of contract, and non-conformance with design specifications (private administration).
  • Represented an architect in a dispute involving a municipal owner and consulting HVAC engineer in a claim arising from alleged design specification errors in the geothermal heating system for an intermodal transportation center (private arbitration).
  • Represented a structural engineer in an error/omission claim following the collapse of a structure caused by excavation subsidence (Court of Common Pleas Allegheny County).
  • Represented a Pittsburgh law firm in a case brought by a disgruntled taxpayer following the firm’s representation of a municipal development authority in a regional tax initiative campaign. (U.S. District Court for the Western District of Pennsylvania).
  • Represented a municipal development authority in a regional tax initiative campaign (U.S. District Court for the Western District of Pennsylvania).
  • Represented an architect in a claim by a general contractor for delay and disruption arising out of the construction of an athletic sports complex at a high school in Erie County, Pennsylvania (private arbitration).
  • Represented a contractor in a dispute involving a bidder’s failure to meet design specifications for the multimillion-dollar relining of water piping and involving enforcement of Pennsylvania’s Right to Know Act for public disclosure of documents (Pennsylvania Commonwealth Court).
  • Represented an engineering firm and municipality in a dispute brought by a disgruntled subcontract bidder on a municipal wastewater treatment facility renovation project (Court of Common Pleas Washington County).
  • Represented a commercial real estate developer in a successful challenge to the public bidding process and award of contract for the sale of school property; the case is reported at Fedorko Properties, Inc. v. Millcreek Twp. School Dist., 755 A.2d 118 (Pa. Commw. 2000), allocator denied, 771 A.2d 1289 (Pa. 2001).
  • Represented Mississippi asbestos personal injury lawyers in a legal malpractice class action brought on behalf of a class of approximately 3,600 asbestos clients in Pennsylvania, Ohio, and Indiana.
  • Represented a Pittsburgh law firm in a legal malpractice action brought by a former client of the firm who was convicted of federal bankruptcy fraud due to alleged malpractice of the firm (Court of Common Pleas Allegheny County).
  • Represented West Virginia personal injury lawyers in a legal malpractice action stemming from the alleged mishandling of a medical malpractice action (Court of Common Pleas Allegheny County).
  • Represented a Pittsburgh law firm in a case brought by a disappointed litigant alleging abuse of process following the firm’s successful defense of a dental malpractice claim (Superior Court of Pennsylvania).
  • Represented a Pittsburgh law firm in an abuse of process and civil rights claim brought following the firm’s successful defense of a corporate client in a commercial property dispute (U.S. District Court for the Western District of Pennsylvania).
  • Represented a manufacturer in products liability/toxic tort litigation involving alleged exposure to silica-containing products (Kanawha County, West Virginia).
  • Represented a commercial real estate developer in an easement and boundary line injunction action involving construction of a multimillion-dollar shopping center facility; the case is reported at Fedorko Properties, Inc. v. C.F. Zurn and Associates, 720 A.2d 147 (Pa. Super. 1998).
  • Represented an international telecommunications reseller in a dispute with AT&T over filed rate tariffs and breach of contract to provide telecommunications services (U.S. District Court for the Western District of Pennsylvania (Erie).
  • Represented ophthalmologic surgeons in a class action lawsuit brought by former LASIK patients for breach of contract to pro-vide post-surgical care and treatment (Court of Common Pleas Allegheny County).
  • Represented the County of Allegheny pro bono in an action challenging the constitutionality of the Ten Commandments display at the Allegheny Courthouse; the case is reported at Modrovich v. Allegheny County, 385 F.3d 397 (3rd Cir. 2004) (U.S. Court of Appeals for the Third Circuit).
  • Represented an international commodities broker in a contractual procurement dispute with a purchaser over anti-dumping tariff and import duty obligations (U.S. District Court for the Western District of Texas (El Paso)).
  • Represented an international commodities broker in defense of a bankruptcy avoidance action (U.S. Bankruptcy Court for the Northern District of California).
  • Represented an international commodities broker in an economic loss and product contamination claim brought by a manufacturing compounder following a warehouse shipment error (private arbitration, Ontario, Canada).
  • Represented an architect in a claim by a school district alleging error/omission in connection with project change orders (private arbitration).
  • Represented construction products manufacturers in avoidance and action seeking recovery of $2.8 million in transfers made by a debtor (U.S. Bankruptcy Court for the Western District of Kentucky).
  • Represented a municipality mayor in an election law petition challenge action (Pennsylvania Supreme Court).
  • Represented a general contractor in a dispute with a county regarding construction of a $40 million prison (private arbitration).
  • Represented a brokerage firm during an internal investigation to determine the propriety of trades under a 10(b)(5)(1) plan.

Highlights & Recognitions

  • AV® Rated, Martindale-Hubbell®
  • Named to "Who’s Who in Energy," 2011, 2012, 2014 by the Pittsburgh Business Times
  • Selected for inclusion in Pennsylvania Super Lawyers®, 2013-2017 and Rising Stars®, 2005-2007; 2010-2012

Memberships & Affiliations

  • Pennsylvania Bar Association
  • Allegheny County Bar Association
  • Erie County Bar Association
  • Washington County Bar Association
  • U.S. Court of International Trade Bar Association (inactive)
  • Energy and Mineral Law Foundation, Trustee at Large, Assistant Secretary/Treasurer, Executive Committee (2014-2015)
  • University of Pittsburgh Institute of Politics, Marcellus Roundtable Member
  • Seton Hill University, Board of Trustees
  • Salvation Army of Greater Pittsburgh, Advisory Board Member
  • Allegheny County Parks Foundation, Board of Directors (2008-2013)
  • United Way of Allegheny County, Tocqueville Society
  • Erie County Board of Viewers, Former Chairman
  • American Cancer Society, Daffodil Days Committee
  • North Hills Community Outreach
  • Leadership Pittsburgh XXII Graduate

Non-FBT Publications and Events

Co-author, "Recent Decisions in Oil and Gas Jurisprudence," Energy & Mineral Law Institute, Volume 36, March, 2016.

Moderator, "Litigation Update – Hot Topics and Future Disputes," IEL’s 6th Law of Shale Plays Conference, Pittsburgh, PA, September 10-11, 2015.

Presenter, "Recent Developments in Oil and Gas Law," Energy & Mineral Law Foundation's 36th Annual Institute, Amelia Island, FL, June 21-23, 2015.

Presenter, "IEL Forum," IEL’s 66th Annual Oil & Gas Law Conference, Houston, TX, February 2015.

Author, "John Kasich’s proposed tax increase on the oil, gas, industry likely to be crippling," Cleveland Plain Dealer, February 12, 2015.

Author, "Fracking is making the state and Phil. Energy leaders," Philadelphia Inquirer, February 2, 2015.

Presenter, "This Year’s Hot Issues in Leasing," IEL’s 5th Law of Shale Plays Conference, Pittsburgh, PA, September 2014.

Presenter, "Landman at the Door," EMLF’s 2014 Kentucky Law Mineral Law Conference, Lexington, KY, October 2014.

Presenter, "Marcellus Shale Development," St. Barnabas Health System’s CEO Leadership Conference, Gibsonia, PA, September 2014.

Presenter, "Defensible Title: Curative Requirements and Waiver in Acquisitions and Title Certifications," Energy & Mineral Law Foundation's 35th Annual Institute, White Sulphur Springs, WV, June 1-3, 2014.

Author, "Don’t Kill the Golden Goose," Pittsburgh Post Gazette, June 1, 2014.

Presenter, “Lessors’ Remorse:  Lease Bustin in Appalachia,” Noble Energy Land Forum, December 2013.

Presenter, "Jurisdictional Considerations for the Oil and Gas Practitioner," EMLF Kentucky Law Mineral Conference, October 2013.

Presenter, "Pooling and Unitization in the Marcellus and Utica Shales: Pennsylvania’s Challenges and Opportunities," Chevron Land Symposium, October 2013.

Presenter, "Recent Developments in Oil and Gas Law," IEL’s Annual Oil and Gas Conference, February 2013.

Presenter, "2012 United States Oil and Gas Law Update," IEL’s 64th Annual Oil and Gas Law Conference, February 2013.

Author, "Modernize Pa.’s Oil and Gas Conservation Law," Pittsburgh Business Times, January 11, 2013.

Presenter, "Lessors’ Remorse – Lease Bustin’ in the Appalachia," EMLF Kentucky Mineral Law Conference, October 2012.

Author, "Compulsory Pooling and Unitization in the Marcellus Shale, Pennsylvania’s Challenges and Opportunities, Pennsylvania Bar Association Quarterly, Vol. 83, No. 2, April 2012.

Presenter, "Developing an Oil and Gas Infrastructure CLE," Allegheny County Bar Association, May 2012.

Presenter, "Infrastructure Issues in Oil and Gas Development CLE," Pennsylvania Bar Association Institute, March 2012.

Presenter, "Developing Jurisprudence in the Marcellus Shale," EMLF at 32 Energy & Min. L. Inst. 269-301, 2011.

Presenter, "Marcellus Shale Oil and Gas Case Update," EMLF Kentucky Mineral Law Conference September 2011.

Presenter, "Oil and Gas Related Litigation CLE," Washington County Bar Association, May 26, 2011.

Presenter, "Importer Security Filings and Additional Carrier Requirements (a.k.a. 10+2) – Flexible Enforcement Draws to a Close, and Customs Publishes New Guidelines for the Mitigation of Penalties," Communiqué, August 2009.

Presenter, "International Unfair Trade Practice Remedies in Tough Economic Times," Thorp Reed & Armstrong seminar, June 2009.

Other Contact Info

Assistant

Lauren Laubach
Email
T 412.513.4262
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