A former solicitor general of the United States has been retained by Harman Mining Co. and its president, Hugh Caperton, in a continuing multimillion-dollar case against Massey Energy Co.
A former solicitor general of the United States has been retained by Harman Mining Co. and its president, Hugh Caperton, in a continuing multimillion-dollar case against Massey Energy Co.
Theodore B. Olson will represent Harman and Caperton in asking the U.S. Supreme Court to hear their appeal of the West Virginia Supreme Court's decision to dismiss a verdict against Massey Energy. The verdict, originally $50 million, is now worth $76 million with interest.
Olson will focus on the refusal of state Supreme Court Justice Brent Benjamin to step down from hearing Massey's appeal of the verdict. Massey Energy chief executive Don Blankenship spent about $3.5 million to help Benjamin get elected to the court in 2004. Benjamin twice voted to throw out the verdict against Massey.
"The improper appearance created by money in judicial elections is one of the most important issues facing our judicial system today," Olson said Thursday.
"A line needs to be drawn somewhere to prevent a judge from hearing cases involving a person who has made massive campaign contributions to benefit the judge. We certainly believe that, in this case, acting Chief Justice Benjamin crossed that line."
Twice in recent months, the state Supreme Court has overturned the Boone Circuit Court verdict and absolved Massey of any liability for fraud and improper business interference for allegedly hijacking a long-term coal contract Harman had to supply metallurgical coal to a Pittsburgh steelmaker. Harman filed for bankruptcy less than a year after the events.
Olson was solicitor general, the person appointed to argue for the U.S. government in front of the U.S. Supreme Court, from 2001 to 2004. He has also represented Presidents Ronald Reagan and George W. Bush personally, and successfully argued the Bush v. Gore case before the U.S. Supreme Court that upheld President Bush's election over Al Gore in 2000.
The state Supreme Court first decided to overturn the Harman verdict last November on a 3-2 vote. Benjamin voted in favor of Massey, along with Justices Elliott "Spike" Maynard and Robin Davis. Justices Larry Starcher and Joseph Albright voted to uphold the verdict.
But in January, lawyers for Harman filed photographs with the court that showed Maynard and Blankenship on vacation on the French Riviera in July 2006 - while the Harman case was pending before the state Supreme Court.
A former solicitor general of the United States has been retained by Harman Mining Co. and its president, Hugh Caperton, in a continuing multimillion-dollar case against Massey Energy Co.
Theodore B. Olson will represent Harman and Caperton in asking the U.S. Supreme Court to hear their appeal of the West Virginia Supreme Court's decision to dismiss a verdict against Massey Energy. The verdict, originally $50 million, is now worth $76 million with interest.
Olson will focus on the refusal of state Supreme Court Justice Brent Benjamin to step down from hearing Massey's appeal of the verdict. Massey Energy chief executive Don Blankenship spent about $3.5 million to help Benjamin get elected to the court in 2004. Benjamin twice voted to throw out the verdict against Massey.
"The improper appearance created by money in judicial elections is one of the most important issues facing our judicial system today," Olson said Thursday.
"A line needs to be drawn somewhere to prevent a judge from hearing cases involving a person who has made massive campaign contributions to benefit the judge. We certainly believe that, in this case, acting Chief Justice Benjamin crossed that line."
Twice in recent months, the state Supreme Court has overturned the Boone Circuit Court verdict and absolved Massey of any liability for fraud and improper business interference for allegedly hijacking a long-term coal contract Harman had to supply metallurgical coal to a Pittsburgh steelmaker. Harman filed for bankruptcy less than a year after the events.
Olson was solicitor general, the person appointed to argue for the U.S. government in front of the U.S. Supreme Court, from 2001 to 2004. He has also represented Presidents Ronald Reagan and George W. Bush personally, and successfully argued the Bush v. Gore case before the U.S. Supreme Court that upheld President Bush's election over Al Gore in 2000.
The state Supreme Court first decided to overturn the Harman verdict last November on a 3-2 vote. Benjamin voted in favor of Massey, along with Justices Elliott "Spike" Maynard and Robin Davis. Justices Larry Starcher and Joseph Albright voted to uphold the verdict.
But in January, lawyers for Harman filed photographs with the court that showed Maynard and Blankenship on vacation on the French Riviera in July 2006 - while the Harman case was pending before the state Supreme Court.
Maynard, who was chief justice, stepped down from the case, as did Starcher, who had publicly criticized Blankenship. Benjamin became acting chief justice, and selected replacements for Maynard and Starcher.
In April, the court again voted 3-2 to overturn the verdict against Massey.
Benjamin did not return a telephone call to his Supreme Court office on Thursday. Neither did Jeff Gillenwater, a Charleston-based Massey spokesman.
Rob Berthold, a Charleston lawyer who represents Harman Mining, called Olson's hiring "great news for all those individuals and creditors affected by the Harman Mining bankruptcy. We are hopeful that the Supreme Court will accept this very important case."
Olson, a partner with Gibson, Dunn & Crutcher, has argued 49 cases before the U.S. Supreme Court, winning more than 75 percent of them.
James Sample, a lawyer at New York University Law School's Brennan Center for Justice, has published recent academic reports about the fairness of the American judicial system. He said Thursday, "The Brennan Center absolutely believes that the Supreme Court should review this case.
"Justice Benjamin's refusal to recuse himself is offensive to even the most basic notion of due process," Sample said. "The sheer audacity of the facts in this case is reflected by the fact that Ted Olson and the Brennan Center are in complete agreement."
Sample said the Brennan Center might file a legal brief in the case backing Caperton and Harman.
To contact staff writer Paul J. Nyden, use e-mail or call 348-5164.
