‘The Price of Justice: A True Story of Greed and Corruption’ by Laurence Leamer

[Lasher]

1. Virginia court says Caperton lawsuit against former Massey Coal can proceed

April 18, 2013

CHARLESTON, W.Va. -- The Virginia Supreme Court of Virginia ruled unanimously that Hugh Caperton and his coal companies -- Harman Mining and Sovereign Coal Sales -- can pursue a lawsuit against the former A.T. Massey Coal Co. in a Virginia circuit court.

In a 27-page opinion released on Thursday morning, Virginia's top court ruled the civil lawsuit can proceed. The same lawsuit was dismissed by the West Virginia Supreme Court three times. "The (West Virginia) court determined that a forum selection clause in an agreement between the parties required that the suit be brought in Virginia," the Virginia Supreme Court noted in its 5-0 decision.

The West Virginia version of the lawsuit originally resulted in a $50 million verdict awarded by a Boone County jury on Aug. 1, 2002. After several years of appeals, the verdict would have been worth more than $70 million by the time the West Virginia Supreme Court made its rulings.

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The Caperton-Harman case received national attention when the U.S. Supreme Court ruled West Virginia Supreme Court Justice Brent Benjamin should have recused himself in the Caperton case because of the appearance of impropriety.

Benjamin won his seat on the West Virginia Supreme Court in 2004 after Don Blankenship, then CEO of Massey, spent more than $3 million buying advertisements and sending out letters urging people to vote against Benjamin's opponent, incumbent Warren McGraw.

http://www.wvgazette.com/News/201304180082