W.Va. court asked to reconsider Massey ruling

AP News
Posted: Dec 03, 2009 10:25 AM

West Virginia's Supreme Court has repeatedly ruled against him, but the head of a bankrupt coal company is asking it to reconsider its recent decision in favor of Massey Energy Co.

For the third time, the court last month overturned the $50 million verdict that Hugh Caperton and his Harman Mining won against Massey.

A Boone County jury had found that Massey bankrupted them both by hijacking a coal supply contract. But the Supreme Court concluded 4-1 that a clause in the contract required that the case be heard in Virginia.

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Caperton's Wednesday filing argues that the decision wrongly bars him from pursing his claims in that state. His filing also echoes criticisms made Tuesday by dissenting Justice Margaret Workman of the ruling's legal reasoning.