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.”