November 21, 2009
Massey ruling reaction
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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.

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