Supreme Court to Re-hear Massey Case
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Updated: 4:50 PM Jan 24, 2008
Supreme Court to Re-hear Massey Case
West Virginia's Supreme Court has unanimously voted to reconsider its reversal of a 76.3 million-dollar judgment against Massey Energy. NEW: Massey issues statement.
Posted: 3:13 PM Jan 24, 2008
Reporter: Associated Press
Email Address: news@wsaz.com
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CHARLESTON, W.Va. (AP) - West Virginia's Supreme Court has unanimously voted to reconsider its reversal of a 76.3 million-dollar judgment against Massey Energy.

Thursday's decision comes in a case marked by conflict of interest allegations directed at the justices.

The 5-0 decision erases November's 3-2 ruling that had overturned a verdict won by Harman Mining and its president, Hugh Caperton, in a coal contract dispute with Massey.

Chief Justice Elliott "Spike" Maynard did not take part in today's action. He recused himself after the release of vacation photos showing him with Don Blankenship, Massey's chairman, president and CEO, while the judgment was headed for appeal.

Hampshire County Circuit Judge Donald Cookman replaced Maynard for the rehearing petition. Justices Brent Benjamin and Larry Starcher also took part in Thursday's vote, having weathered allegations of bias regarding Massey as well.

The supreme court will re-hear the case March 12, 2008.

Here's a statement just issued by Massey Energy:
"We respect the Court’s decision to take another look at this case. We remain confident, however, that the Court will ultimately uphold its prior decision. While there has been a great deal of media attention regarding this case, nothing has changed the facts or the law that the Court will consider in reaching its final decision.”


Latest Comments

Posted by: Mike on Jan 27, 2008 at 08:15 PM

I guess Don owns ths State Bar also or they are a joke ,What a shame the very people that WE THE PEOPLE need to Trust are dirty or are afraid to stand up .scared of Don and his money.and what about the our and future Masseys cases the judges that hear Masset case should be appointed from the northern WV They should #1 not know Don
Posted by: Ron on Jan 25, 2008 at 04:58 AM

I agree with you Kenneth, where was the Bar Association? It would be crazy for one member to go against another member. They are all in this together.
Posted by: Kenneth on Jan 24, 2008 at 08:23 PM

A new ruling might still have the same outcome but at least it won't have quite the same odor of impropriety as the first ruling. How could any Supreme Court Judge sit on a case in the first place that involved one who has been his friend for 3 or 4 decades. Someone in the legal profession should have called his hand on it when the first appeal began not months after it was rendered. Where are all the so called "officers of the court" when we need them? Where was the State Bar Association's Ethics Committee while all of this was evolving. They were all busy making their own millions I suppose to point out an obvious conflict of interest. I normally hate paparazzi but thank God for photographs in this instance, regardless of who took the photographs.
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