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.

"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."

Read more in Friday's Charleston Gazette.

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.

"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."

Read more in Friday's Charleston Gazette.