CHARLESTON, W.Va. -- The state Supreme Court announced Thursday that it will not reconsider its latest decision overturning a multimillion-dollar jury verdict against Massey Energy.
The state's highest court ruled against Hugh Caperton and his company, Harman Mining, three different times: in November 2007, April 2008 and November 2009. The first two decisions were reconsidered after justices recused themselves because of connections with Massey chief executive Don Blankenship.
In August 2002, a Boone County jury decided Massey illegally highjacked a 10-year supply contract Harman Mining had to sell metallurgical coal a year to an LTV Corp. steel mill in Pittsburgh.
The $50 million verdict would be worth more than $85 million with interest today.
In its Thursday filing, the Supreme Court simply stated that there was "error in the [Boone County] ruling....
"It is therefore considered and ordered by the court that said ruling be, and it hereby is reversed."
Chief Justice Robin Davis, who wrote the opinion, was joined by Justices Menis Ketchum, Thomas McHugh and James O. Holliday. Davis appointed Holliday as a temporary judge after Justice Brent Benjamin was forced to step down from the case.
Justice Margaret Workman opposed Thursday's ruling and may file a dissenting opinion.
Bruce Stanley, a Pittsburgh lawyer who represents Caperton, said Thursday, "We certainly are not surprised at the outcome, but rather only by the amount of time it took the Supreme Court to reach it.
CHARLESTON, W.Va. -- The state Supreme Court announced Thursday that it will not reconsider its latest decision overturning a multimillion-dollar jury verdict against Massey Energy.
The state's highest court ruled against Hugh Caperton and his company, Harman Mining, three different times: in November 2007, April 2008 and November 2009. The first two decisions were reconsidered after justices recused themselves because of connections with Massey chief executive Don Blankenship.
In August 2002, a Boone County jury decided Massey illegally highjacked a 10-year supply contract Harman Mining had to sell metallurgical coal a year to an LTV Corp. steel mill in Pittsburgh.
The $50 million verdict would be worth more than $85 million with interest today.
In its Thursday filing, the Supreme Court simply stated that there was "error in the [Boone County] ruling....
"It is therefore considered and ordered by the court that said ruling be, and it hereby is reversed."
Chief Justice Robin Davis, who wrote the opinion, was joined by Justices Menis Ketchum, Thomas McHugh and James O. Holliday. Davis appointed Holliday as a temporary judge after Justice Brent Benjamin was forced to step down from the case.
Justice Margaret Workman opposed Thursday's ruling and may file a dissenting opinion.
Bruce Stanley, a Pittsburgh lawyer who represents Caperton, said Thursday, "We certainly are not surprised at the outcome, but rather only by the amount of time it took the Supreme Court to reach it.
"We will evaluate the situation and determine the appropriate next step," he said.
Stanley, and other lawyers representing Caperton and Harman, have repeatedly argued Davis created new legal standards for "forum selection" in her opinions, then applied those standards retroactively to prevent Caperton and Harman from suing Massey in Boone County.
The case could be appealed to the U.S. Supreme Court.
The state Supreme Court first ruled against Caperton and Harman in November 2007.
The court reconsidered that ruling after it was revealed former justice Elliott "Spike" Maynard had vacationed along the French Riviera with Blankenship while the Caperton case was pending. Ex-justice Larry Starcher also recused himself because of negative public statements he had made about Blankenship.
The state Supreme Court issued another 3-2 ruling in favor of Massey in April 2008. But the U.S. Supreme Court later ruled that Justice Brent Benjamin should also have recused himself from the case. Blankenship spent $3 million of his own money to help Benjamin win his 2004 race for a seat on the court.
On Nov. 12, the court issued a third decision, by a 4-1 vote, dismissing the Boone County verdict.
Reach Paul J. Nyden at pjny...@wvgazette.com 304-348-5164.
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