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Jerome Cook

Jerome Cook

Partner

1100 Superior Avenue
Suite 2000
Cleveland, OH 44114
T 216.304.5069
jerry.cook@nelsonmullins.com
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With more than 30 years of experience as a litigator, Jerry focuses his current practice on real estate matters involving the acquisition and protection of interstate and intrastate natural gas pipeline rights of way and associated infrastructure, pertaining to transmission, distribution, and underground storage. He also has extensive experience with public works construction, including the representation...

With more than 30 years of experience as a litigator, Jerry focuses his current practice on real estate matters involving the acquisition and protection of interstate and intrastate natural gas pipeline rights of way and associated infrastructure, pertaining to transmission, distribution, and underground storage. He also has extensive experience with public works construction, including the representation of performance and payment bond sureties in project take-overs and indemnity enforcement.

He represents pipeline companies including PUCO-regulated utilities and Federal Energy Regulatory Commission (FERC) certificate holders in state and federal condemnation proceedings, federal and state regulatory compliance matters, right-of-way acquisition and enforcement, and infrastructure protection litigation.

Jerry also helps clients navigate the intricacies of state and local governmental regulations that determine the occupation and use of public ways, utility relocation reimbursement, and utility conflicts with governmental proprietary and enterprise public works projects.

Jerome Cook

of performance and payment bond sureties in project take-overs and indemnity enforcement.

He represents pipeline companies including PUCO-regulated utilities and Federal Energy Regulatory Commission (FERC) certificate holders in state and federal condemnation proceedings, federal and state regulatory compliance matters, right-of-way acquisition and enforcement, and infrastructure protection litigation.

Jerry also helps clients navigate the intricacies of state and local governmental regulations that determine the occupation and use of public ways, utility relocation reimbursement, and utility conflicts with governmental proprietary and enterprise public works projects.

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

CONDEMNATION EXPERIENCE:

  • Representing industry leading interstate natural gas transmission company as lead counsel in the recent federal condemnation of sixty-five (65) miles of new pipeline right of way for FERC-approved Buckeye Express pipeline project located in Ohio. Drafted, reviewed, and approved all Grants of Easement and reviewed and approved all engineering/survey plats which detailed the various permanent easements and temporary workspaces required. Coordinated with third-party engineering firm responsible for creating the survey plats and third-party appraisers. Coordinated with land agent independent contractors who were the direct landowner contacts for many of the acquisitions. Negotiated with all counsel representing landowners. Recognized by client as the most cost efficient, trouble-free, and complete right of way acquisition in their memory.
  • Represented client as lead counsel in ongoing federal condemnation of thousands of subsurface natural gas storage easements for largest natural gas storage operator in Ohio. Charged with acquisition of subsurface storage easement rights for all remaining acreage in all fourteen (14) FERC certificated storage fields located in twelve (12) Ohio counties.
  • Negotiated pipeline crossing and co-location details and agreements as lead counsel for major Ohio natural gas distribution company whose existing rights of way, distribution pipelines, and well facilities would be encroached upon by the FERC approved NEXUS pipeline project extending through Columbiana, Stark, Summit, Wayne, Medina, Lorain, Erie, Sandusky, Wood, Lucas, Henry, and Fulton Counties. Also authored detailed Field Manual to assist client personnel ensure that project work adhered to the requirements of the contracts executed between the parties.
  • Represented client as lead counsel in a matter where Ohio State law condemnation required to construct a major utility facility pursuant to O.R.C. § 4906.01(A)(B)(1), which enabled client, an intrastate pipeline distribution company, regulated by the Ohio Public Utility Commission, to connect its existing distribution system to a brand new 1.4 million square foot manufacturing facility. The client recognized that this condemnation matter reached the point of obtaining the Order of Condemnation faster than any condemnation matter they had pursued before.
  • Represented major Dayton-area developer and commercial office building owner as lead counsel in Ohio condemnation matter brought by the Ohio Department of Transportation. The project resulted in a new exit ramp being constructed which diverted expressway traffic that would now swirl around a Class A commercial office building and create dirt, noise, and access issues that materially diminished tenant morale and the college-campus atmosphere existing at the location. Obtained over $1 million in additional just compensation for the owner from what was originally allocated by Ohio Department of Transportation.
  • Represented as lead counsel multiple interstate and intrastate pipeline companies negotiating pipeline relocations and compensation payments required because of dozens of ODOT, municipal and county roadway projects of various sorts, including road widening projects. Many of these projects resulted in formal condemnation proceedings. A representative matter in this category was the representation of a natural gas distribution company whose pipelines required relocation for a road widening project in Lorain County, Ohio. Cooperation with municipal authorities resulted in municipal acquisition of new right of way not only for the widened roadway right of way but the additional new pipeline right of way required so that existing pipelines, occupying private rights of way, could immediately begin planning for the required relocations. The process provided for the execution of an Assignment/Assumption Agreement that transferred the new right of way to the pipeline company so that it remained in private right of way.
  • Represented multiple clients as lead counsel in various other condemnations based upon state appropriation law that acquired easements and fee simple title interests in various others lands in Ohio.
  • Represent client as co-counsel in the ongoing federal condemnation of 160 miles of new pipeline right of way for FERC approved Leach Express pipeline project located in Ohio representing industry leading interstate natural gas transmission company.
  • Represent industry leading interstate natural gas transmission company as co-counsel in the federal condemnation of 21 miles of new pipeline right of way for FERC approved Line B-105 pipeline project located in Ohio that included abandoning in place approximately 17.5 miles of pipeline and removal of various exposed pipe segments on Line B-105; constructing approximately 14 miles of replacement pipeline on Line B-105; constructing approximately 0.1 mile of replacement pipeline on Line B-121; constructing approximately 7.6 miles of new pipeline Line K-270 connecting client’s K-System and B-System; and modifying various existing points of delivery and customer interconnects in Fairfield and Franklin Counties.

CONSTRUCTION EXPERIENCE:

  • For 25 years, has represented major construction surety companies that had to assume construction project completions because of their issuance of Performance and Payment Bonds for public and private projects. Have negotiated and litigated resolutions of these disputes with public and private project owners, contractors, and indemnitors of the client sureties. One such project was the construction of a concrete storage basin designed to intercept and hold 9.5 million gallons of combined sewer overflow during major storm events. Represented the surety, standing in the shoes of the defaulted general contractor, who took over project completion and asserted a $1 million differing site condition claim against the owner because of the owner’s failure to discover a prolific aquifer that changed the scope and design of the required site dewatering approach. Obtained arbitration award in excess of $1 million and successfully navigated the matter through appeal and eventual confirmation by the trial court and obtained payment in full.
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

CONDEMNATION EXPERIENCE:

  • Representing industry leading interstate natural gas transmission company as lead counsel in the recent federal condemnation of sixty-five (65) miles of new pipeline right of way for FERC-approved Buckeye Express pipeline project located in Ohio. Drafted, reviewed, and approved all Grants of Easement and reviewed and approved all engineering/survey plats which detailed the various permanent easements and temporary workspaces required. Coordinated with third-party engineering firm responsible for creating the survey plats and third-party appraisers. Coordinated with land agent independent contractors who were the direct landowner contacts for many of the acquisitions. Negotiated with all counsel representing landowners. Recognized by client as the most cost efficient, trouble-free, and complete right of way acquisition in their memory.
  • Represented client as lead counsel in ongoing federal condemnation of thousands of subsurface natural gas storage easements for largest natural gas storage operator in Ohio. Charged with acquisition of subsurface storage easement rights for all remaining acreage in all fourteen (14) FERC certificated storage fields located in twelve (12) Ohio counties.
  • Negotiated pipeline crossing and co-location details and agreements as lead counsel for major Ohio natural gas distribution company whose existing rights of way, distribution pipelines, and well facilities would be encroached upon by the FERC approved NEXUS pipeline project extending through Columbiana, Stark, Summit, Wayne, Medina, Lorain, Erie, Sandusky, Wood, Lucas, Henry, and Fulton Counties. Also authored detailed Field Manual to assist client personnel ensure that project work adhered to the requirements of the contracts executed between the parties.
  • Represented client as lead counsel in a matter where Ohio State law condemnation required to construct a major utility facility pursuant to O.R.C. § 4906.01(A)(B)(1), which enabled client, an intrastate pipeline distribution company, regulated by the Ohio Public Utility Commission, to connect its existing distribution system to a brand new 1.4 million square foot manufacturing facility. The client recognized that this condemnation matter reached the point of obtaining the Order of Condemnation faster than any condemnation matter they had pursued before.
  • Represented major Dayton-area developer and commercial office building owner as lead counsel in Ohio condemnation matter brought by the Ohio Department of Transportation. The project resulted in a new exit ramp being constructed which diverted expressway traffic that would now swirl around a Class A commercial office building and create dirt, noise, and access issues that materially diminished tenant morale and the college-campus atmosphere existing at the location. Obtained over $1 million in additional just compensation for the owner from what was originally allocated by Ohio Department of Transportation.
  • Represented as lead counsel multiple interstate and intrastate pipeline companies negotiating pipeline relocations and compensation payments required because of dozens of ODOT, municipal and county roadway projects of various sorts, including road widening projects. Many of these projects resulted in formal condemnation proceedings. A representative matter in this category was the representation of a natural gas distribution company whose pipelines required relocation for a road widening project in Lorain County, Ohio. Cooperation with municipal authorities resulted in municipal acquisition of new right of way not only for the widened roadway right of way but the additional new pipeline right of way required so that existing pipelines, occupying private rights of way, could immediately begin planning for the required relocations. The process provided for the execution of an Assignment/Assumption Agreement that transferred the new right of way to the pipeline company so that it remained in private right of way.
  • Represented multiple clients as lead counsel in various other condemnations based upon state appropriation law that acquired easements and fee simple title interests in various others lands in Ohio.
  • Represent client as co-counsel in the ongoing federal condemnation of 160 miles of new pipeline right of way for FERC approved Leach Express pipeline project located in Ohio representing industry leading interstate natural gas transmission company.
  • Represent industry leading interstate natural gas transmission company as co-counsel in the federal condemnation of 21 miles of new pipeline right of way for FERC approved Line B-105 pipeline project located in Ohio that included abandoning in place approximately 17.5 miles of pipeline and removal of various exposed pipe segments on Line B-105; constructing approximately 14 miles of replacement pipeline on Line B-105; constructing approximately 0.1 mile of replacement pipeline on Line B-121; constructing approximately 7.6 miles of new pipeline Line K-270 connecting client’s K-System and B-System; and modifying various existing points of delivery and customer interconnects in Fairfield and Franklin Counties.

CONSTRUCTION EXPERIENCE:

  • For 25 years, has represented major construction surety companies that had to assume construction project completions because of their issuance of Performance and Payment Bonds for public and private projects. Have negotiated and litigated resolutions of these disputes with public and private project owners, contractors, and indemnitors of the client sureties. One such project was the construction of a concrete storage basin designed to intercept and hold 9.5 million gallons of combined sewer overflow during major storm events. Represented the surety, standing in the shoes of the defaulted general contractor, who took over project completion and asserted a $1 million differing site condition claim against the owner because of the owner’s failure to discover a prolific aquifer that changed the scope and design of the required site dewatering approach. Obtained arbitration award in excess of $1 million and successfully navigated the matter through appeal and eventual confirmation by the trial court and obtained payment in full.

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Recognitions

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

Professional Activities

  • American Bar Association (1986–Present)
    • Fidelity & Surety Division of Tort and Insurance Practice Section  
  • Cleveland Metropolitan Bar Association (1986–Present)
  • National Bond Claim Association 

Community

  • Medina County Planning Commission (2014–2019)

With more than 30 years of experience as a litigator, Jerry focuses his current practice on real estate matters involving the acquisition and protection of interstate and intrastate natural gas pipeline rights of way and associated infrastructure, pertaining to transmission, distribution, and underground storage. He also has extensive experience with public works construction, including the representation... of performance and payment bond sureties in project take-overs and indemnity enforcement.

He represents pipeline companies including PUCO-regulated utilities and Federal Energy Regulatory Commission (FERC) certificate holders in state and federal condemnation proceedings, federal and state regulatory compliance matters, right-of-way acquisition and enforcement, and infrastructure protection litigation.

Jerry also helps clients navigate the intricacies of state and local governmental regulations that determine the occupation and use of public ways, utility relocation reimbursement, and utility conflicts with governmental proprietary and enterprise public works projects.

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

CONDEMNATION EXPERIENCE:

  • Representing industry leading interstate natural gas transmission company as lead counsel in the recent federal condemnation of sixty-five (65) miles of new pipeline right of way for FERC-approved Buckeye Express pipeline project located in Ohio. Drafted, reviewed, and approved all Grants of Easement and reviewed and approved all engineering/survey plats which detailed the various permanent easements and temporary workspaces required. Coordinated with third-party engineering firm responsible for creating the survey plats and third-party appraisers. Coordinated with land agent independent contractors who were the direct landowner contacts for many of the acquisitions. Negotiated with all counsel representing landowners. Recognized by client as the most cost efficient, trouble-free, and complete right of way acquisition in their memory.
  • Represented client as lead counsel in ongoing federal condemnation of thousands of subsurface natural gas storage easements for largest natural gas storage operator in Ohio. Charged with acquisition of subsurface storage easement rights for all remaining acreage in all fourteen (14) FERC certificated storage fields located in twelve (12) Ohio counties.
  • Negotiated pipeline crossing and co-location details and agreements as lead counsel for major Ohio natural gas distribution company whose existing rights of way, distribution pipelines, and well facilities would be encroached upon by the FERC approved NEXUS pipeline project extending through Columbiana, Stark, Summit, Wayne, Medina, Lorain, Erie, Sandusky, Wood, Lucas, Henry, and Fulton Counties. Also authored detailed Field Manual to assist client personnel ensure that project work adhered to the requirements of the contracts executed between the parties.
  • Represented client as lead counsel in a matter where Ohio State law condemnation required to construct a major utility facility pursuant to O.R.C. § 4906.01(A)(B)(1), which enabled client, an intrastate pipeline distribution company, regulated by the Ohio Public Utility Commission, to connect its existing distribution system to a brand new 1.4 million square foot manufacturing facility. The client recognized that this condemnation matter reached the point of obtaining the Order of Condemnation faster than any condemnation matter they had pursued before.
  • Represented major Dayton-area developer and commercial office building owner as lead counsel in Ohio condemnation matter brought by the Ohio Department of Transportation. The project resulted in a new exit ramp being constructed which diverted expressway traffic that would now swirl around a Class A commercial office building and create dirt, noise, and access issues that materially diminished tenant morale and the college-campus atmosphere existing at the location. Obtained over $1 million in additional just compensation for the owner from what was originally allocated by Ohio Department of Transportation.
  • Represented as lead counsel multiple interstate and intrastate pipeline companies negotiating pipeline relocations and compensation payments required because of dozens of ODOT, municipal and county roadway projects of various sorts, including road widening projects. Many of these projects resulted in formal condemnation proceedings. A representative matter in this category was the representation of a natural gas distribution company whose pipelines required relocation for a road widening project in Lorain County, Ohio. Cooperation with municipal authorities resulted in municipal acquisition of new right of way not only for the widened roadway right of way but the additional new pipeline right of way required so that existing pipelines, occupying private rights of way, could immediately begin planning for the required relocations. The process provided for the execution of an Assignment/Assumption Agreement that transferred the new right of way to the pipeline company so that it remained in private right of way.
  • Represented multiple clients as lead counsel in various other condemnations based upon state appropriation law that acquired easements and fee simple title interests in various others lands in Ohio.
  • Represent client as co-counsel in the ongoing federal condemnation of 160 miles of new pipeline right of way for FERC approved Leach Express pipeline project located in Ohio representing industry leading interstate natural gas transmission company.
  • Represent industry leading interstate natural gas transmission company as co-counsel in the federal condemnation of 21 miles of new pipeline right of way for FERC approved Line B-105 pipeline project located in Ohio that included abandoning in place approximately 17.5 miles of pipeline and removal of various exposed pipe segments on Line B-105; constructing approximately 14 miles of replacement pipeline on Line B-105; constructing approximately 0.1 mile of replacement pipeline on Line B-121; constructing approximately 7.6 miles of new pipeline Line K-270 connecting client’s K-System and B-System; and modifying various existing points of delivery and customer interconnects in Fairfield and Franklin Counties.

CONSTRUCTION EXPERIENCE:

  • For 25 years, has represented major construction surety companies that had to assume construction project completions because of their issuance of Performance and Payment Bonds for public and private projects. Have negotiated and litigated resolutions of these disputes with public and private project owners, contractors, and indemnitors of the client sureties. One such project was the construction of a concrete storage basin designed to intercept and hold 9.5 million gallons of combined sewer overflow during major storm events. Represented the surety, standing in the shoes of the defaulted general contractor, who took over project completion and asserted a $1 million differing site condition claim against the owner because of the owner’s failure to discover a prolific aquifer that changed the scope and design of the required site dewatering approach. Obtained arbitration award in excess of $1 million and successfully navigated the matter through appeal and eventual confirmation by the trial court and obtained payment in full.

Education

  • Cleveland State University College of Law, JD, magna cum laude (1986)
  • Cleveland State University College of Graduate Studies, Master's Degree in Accountancy & Financial Information Systems (1985)
  • Case Western Reserve University, BA (1981)

Admissions

  • Ohio
  • U.S. Supreme Court
  • The Supreme Court of Ohio
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • American Bar Association (1986–Present)
    • Fidelity & Surety Division of Tort and Insurance Practice Section  
  • Cleveland Metropolitan Bar Association (1986–Present)
  • National Bond Claim Association 
  • Medina County Planning Commission (2014–2019)