Food for thought abounds in the latest ruling by the West Virginia Supreme Court striking down a $50 million verdict by a Boone County jury in favor of Hugh Caperton and his company, Harman Mining, against Massey Energy and CEO Don Blankenship.
The lawsuit charged that Massey and Blankenship highjacked from Caperton and company a long-term metallurgical coal contract with LTV Corp. The Boone County jury award in 2002 has since grown in interest to about $85 million.
"I am bitterly disappointed," said Cecil Roberts, president of the United Mine Workers union, expressing similar feelings of other folks, in and out of the union.
"One corporation can be allowed to treat another the way Massey did Harman, causing hundreds to lose their jobs and their health care, and then get away with it," Roberts said. "That is a very worrisome and extremely disappointing precedent for West Virginia."
Blankenship said it looks like "the long trip" is now over. "I mean, I'm always hesitant to say it is finally, finally finished, but it's my understanding from attorneys that it is," he added.
Maybe finished in the courts, I say, but not so soon in the public mind and the forum of food for thought. No doubt folks will be chewing on the case and related questions for a long time to come.
Nonetheless, some seem to gag on the fact that the Boone County verdict was twice overridden on grounds that Caperton had been awarded $6 million for damages by a Buchanan, Va., court, where under the law he should've gone back for further redress and not to another jurisdiction.
The West Virginia Supreme Court heard the latest argument in the case Sept. 8 after the U.S. Supreme Court ruled that Justice Brent Benjamin should have rescued himself from hearing any case involving Massey.
This turn in the case, as it were, struck a fire in the belly of folks over the issue of buying justice in a corrupt system made for the rich and death to the poor.
Food for thought abounds in the latest ruling by the West Virginia Supreme Court striking down a $50 million verdict by a Boone County jury in favor of Hugh Caperton and his company, Harman Mining, against Massey Energy and CEO Don Blankenship.
The lawsuit charged that Massey and Blankenship highjacked from Caperton and company a long-term metallurgical coal contract with LTV Corp. The Boone County jury award in 2002 has since grown in interest to about $85 million.
"I am bitterly disappointed," said Cecil Roberts, president of the United Mine Workers union, expressing similar feelings of other folks, in and out of the union.
"One corporation can be allowed to treat another the way Massey did Harman, causing hundreds to lose their jobs and their health care, and then get away with it," Roberts said. "That is a very worrisome and extremely disappointing precedent for West Virginia."
Blankenship said it looks like "the long trip" is now over. "I mean, I'm always hesitant to say it is finally, finally finished, but it's my understanding from attorneys that it is," he added.
Maybe finished in the courts, I say, but not so soon in the public mind and the forum of food for thought. No doubt folks will be chewing on the case and related questions for a long time to come.
Nonetheless, some seem to gag on the fact that the Boone County verdict was twice overridden on grounds that Caperton had been awarded $6 million for damages by a Buchanan, Va., court, where under the law he should've gone back for further redress and not to another jurisdiction.
The West Virginia Supreme Court heard the latest argument in the case Sept. 8 after the U.S. Supreme Court ruled that Justice Brent Benjamin should have rescued himself from hearing any case involving Massey.
This turn in the case, as it were, struck a fire in the belly of folks over the issue of buying justice in a corrupt system made for the rich and death to the poor.
The nation's high court sent the case back to the state Supreme Court, citing the 2004 election of Benjamin to the state court.
During the election campaign, Blankenship spent more than $3 million of his own money in independent efforts favoring Benjamin. In two 3-2 rulings, Benjamin cast critical votes in favor of Massey, and Blankenship in November 2007 and April 2009.
Chief Justice Robin Davis of the state Supreme Court wrote the previous majority opinions in favor of Massey and the largest by a vote of 4 to 1. Justice Margaret Workman dissented.
Gov. Joe Manchin has appointed a commission to consider a new appeals court to share the judicial load with the existing court.
The commission also has for consideration changes to remove any or all appearances that justice can be bought in West Virginia.
The goal suggests juicy tidbits for the public to chew on during the approaching holiday season of good eats and drinks on the family table, also on the table of friends and when eating out.
Peeks is a retired business/labor editor of the Gazette.
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