For 3rd Time, W.Va. Supreme Court Finds For Massey

LAWRENCE MESSINA

For the third time in nearly two years, West Virginia's Supreme Court has overturned a $50 million jury verdict against the Richmond, Va.-based coal producer. Post-judgment interest had increased the award to $86.2 million.

The 4-1 ruling was again written by Justice Robin Davis, and again concludes that Harman Mining and its president, Hugh Caperton, should have pursued their claims in Virginia under a clause in the contract at issue.

Justice Margaret Workman dissented and may issue a separate opinion explaining her stance.

"We have always stated that the West Virginia Supreme Court's initial decision in favor of Massey was correct, the essential facts in this case have not changed, and no legal arguments were presented by our opponent that would have merited reversal," said Shane Harvey, a Massey lawyer and vice president in a statement. "The Court's decision represents a total vindication of Massey Energy's longstanding legal position."

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