Congressional Digest

Supreme Court Debates April 2009 No. 4 Vol. 12
A.T. Massey Coal Company, Inc., et al.

Judicial Elections

Ethical Responsibilities of State Judges

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A.T. Massey Coal Company, Inc., et al.

Respondents

Andrew L. Frey, Counsel of Record In 1998, Hugh M. Caperton won $50 million in a West Virginia court case involving a lawsuit against Massey Energy and its subsidiary companies over supplying coal to a steel company. Massey appealed the decision to the State Supreme Court, which on April 3, 2008, reversed the lower court decision by a 3-to-2 vote. One of the justices voting in favor of reversal was Brent Benjamin, who had unseated a sitting justice in a 2004 election. During the campaign, the chief executive officer of Massey Energy, Don Blankenship, spent $3 million in a negative…

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