Ala. AG requested to argue for Massey
U.S. Supreme Court denies motion; set to hear case in March
On Friday, the United States Supreme Court denied a motion filed by seven state attorneys general asking to participate in March 3 oral arguments about the appeal by Hugh M. Caperton and Harman Mining against A.T. Massey Coal Co.
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CHARLESTON, W.Va. -- On Friday, the United States Supreme Court denied a motion filed by seven state attorneys general asking to participate in March 3 oral arguments about the appeal by Hugh M. Caperton and Harman Mining against A.T. Massey Coal Co.
Massey, now called Massey Energy, agreed to give the attorneys general 10 minutes of their "argument time" before the Supreme Court.
Alabama Attorney General Troy King - and colleagues from Alabama, Colorado, Delaware, Florida, Louisiana, Michigan and Utah - filed an "amicus brief" on Feb. 4.
It argued a ruling favoring Caperton would mean similar motions "would fly fast and furious" in states across the nation and "would gum up the state litigation process."
Such a ruling would "unduly burden" state courts," cause judges to "over-recuse" themselves and "encourage mischief and manipulation," King's brief argued.
The U.S. Supreme Court accepted the appeal on Nov. 14.
Caperton filed an appeal to the U.S. Supreme Court after the West Virginia Supreme Court issued two opinions - in November 2007 and April 2008 - overturning the August 2002 Boone County jury verdict awarding Caperton $50 million in damages from Massey.
The jury decided Massey illegally highjacked a long-term coal supply contract that Harman Mining had to supply coal to steelmaker LTV Corp.
That verdict is now worth more than $82 million with interest.
The final written document in the case, to be filed by Tuesday, will be a reply brief from Caperton and Harman Mining responding to arguments made by Massey in its briefs and in various "amicus briefs" filed by other individuals, groups and corporations.
The appeal before the Supreme Court focuses on the failure of Justice Brent Benjamin to step aside from voting two different times on Massey's appeal of the Boone County verdict.
During the 2004 Supreme Court race in West Virginia, Massey CEO Donald Blankenship spent more than $3 million of his personal money to help elect Benjamin and defeat incumbent Justice Warren McGraw.
That included $2.5 million to an independent 527 group, And For the Sake of the Kids, which paid for hundreds of television ads attacking McGraw.
Benjamin voted in Massey's favor in the two 3-2 rulings against Caperton and Harman.
An "amicus brief" filed on Jan. 5 by Wal-Mart Stores; PepsiCo; Lockheed Martin, a global security and airline company, and Intel Corp., the world's largest semiconductor manufacturer, stated, "There is a need to signal businesses and the general public that judicial decisions cannot be bought and sold."
For more politics news, click here
CHARLESTON, W.Va. -- On Friday, the United States Supreme Court denied a motion filed by seven state attorneys general asking to participate in March 3 oral arguments about the appeal by Hugh M. Caperton and Harman Mining against A.T. Massey Coal Co.
Massey, now called Massey Energy, agreed to give the attorneys general 10 minutes of their "argument time" before the Supreme Court.
Alabama Attorney General Troy King - and colleagues from Alabama, Colorado, Delaware, Florida, Louisiana, Michigan and Utah - filed an "amicus brief" on Feb. 4.
It argued a ruling favoring Caperton would mean similar motions "would fly fast and furious" in states across the nation and "would gum up the state litigation process."
Such a ruling would "unduly burden" state courts," cause judges to "over-recuse" themselves and "encourage mischief and manipulation," King's brief argued.
The U.S. Supreme Court accepted the appeal on Nov. 14.
Caperton filed an appeal to the U.S. Supreme Court after the West Virginia Supreme Court issued two opinions - in November 2007 and April 2008 - overturning the August 2002 Boone County jury verdict awarding Caperton $50 million in damages from Massey.
The jury decided Massey illegally highjacked a long-term coal supply contract that Harman Mining had to supply coal to steelmaker LTV Corp.
That verdict is now worth more than $82 million with interest.
The final written document in the case, to be filed by Tuesday, will be a reply brief from Caperton and Harman Mining responding to arguments made by Massey in its briefs and in various "amicus briefs" filed by other individuals, groups and corporations.
The appeal before the Supreme Court focuses on the failure of Justice Brent Benjamin to step aside from voting two different times on Massey's appeal of the Boone County verdict.
During the 2004 Supreme Court race in West Virginia, Massey CEO Donald Blankenship spent more than $3 million of his personal money to help elect Benjamin and defeat incumbent Justice Warren McGraw.
That included $2.5 million to an independent 527 group, And For the Sake of the Kids, which paid for hundreds of television ads attacking McGraw.
Benjamin voted in Massey's favor in the two 3-2 rulings against Caperton and Harman.
An "amicus brief" filed on Jan. 5 by Wal-Mart Stores; PepsiCo; Lockheed Martin, a global security and airline company, and Intel Corp., the world's largest semiconductor manufacturer, stated, "There is a need to signal businesses and the general public that judicial decisions cannot be bought and sold."
King's brief argues the U.S. Supreme Court should not impose any guidelines on state court systems, specifically when any particular judge or justice should step down from hearing a case because of a conflict of interest.
King's motion to participate in oral arguments on March 3, which was denied, argues a Supreme Court decision regulating the recusal of judges would impinge "upon the states' prerogative to craft recusal policies that are based on their own experiences with their various (and varied) judicial selection methods and that respond to the circumstances, needs and expectation of their own constituencies."
Today, 39 states elect Supreme Court justices. In other states, Supreme Court justices are appointed by governors, by governors with state legislative approval or by special commissions.
This case is attracting national attention and coverage in newspapers, on television and in professional journals across the country:
The New York Times featured the case in a front-page story on Feb. 15.
USA Today entitled its Wednesday, Feb. 18 cover story, "At the Supreme Court, a Case with the Feel of a Best Seller."
Featuring a photograph of Hugh Caperton, USA Today also featured the cover of John Grisham's best-selling novel "The Appeal," about a Mississippi case remarkably similar to the real-life dispute between Caperton and Massey.
The American Bar Association Journal published an article in its February 2009 issue entitled "Caperton's Coal: The Battle over an Appalachian Mine Exposes a Nasty Vein in Bench Politics."
National articles also note former Supreme Court Justice Elliott "Spike" Maynard stepped down from voting on the Caperton appeal in January 2008 after photographs became public that showed him with Blankenship on vacation on the French Riviera.
The ABA also filed an amicus brief on behalf of Caperton.
That brief argued decisions about whether any judge should be recused should be made by "a judge other than the subject of a disqualification motion."
In this case, Benjamin himself could decide not to step down from casting deciding votes on two occasions.
Reach Paul J. Nyden at pjny...@wvgazette.com or 304-348-5164.
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Wait and see the verdict.
This case started when Massey bought a coal company that had a contract to sell coal to Caperton's company. Massey refused to honor the contract which ultimately resulted in Caperton's company going bankrupt & it's union miners losing their jobs. Caperton filed suit in Virginia because that is where the damages were sustained. The Virginia court ruled that Massey violated it's contract with Caperton but awarded only actual monetary damages to Caperton. No punitive damages were awarded because Massey's decisions were made in West Virginia & thus was beyond that court's jurisdiction. Caperton then sued in WV to recover punitive damages. Our Supreme Court ultimately ruled 3-2 that the case had been wholly settled by the Virginia court & threw Caperton's case out.
Imagine a contractor from another state ruining your house and the court ruling that he need only reimburse what you paid him. This case makes a mockery of fairness & justice.