Hugh M. Caperton, Harman Development Corporation, Harman Mining Corporation, and Sovereign Coal Sales, Inc.
Petitioners
In 1998, Hugh M. Caperton sued Massey Energy over a breach of contract and won $50 million in a West Virginia circuit court decision. Massey appealed the decision to the State Supreme Court, which reversed the lower court decision on a 3-to-2 vote. One of the justices voting in favor of reversal was Brent Benjamin, who had unseated a sitting justice in an election in 2004. During the campaign, the chief executive officer of Massey Energy, Don Blankenship, spent $3 million in a negative advertising campaign against Benjamin’s opponent. During the Supreme Court hearing, Caperton’s lawyer repeatedly called for Benjamin…
