Benjamin in, Maynard out of Massey cases

[Lasher]

Lawyers for Harman Mining sought both justices’ recusals
January 19, 2008

One West Virginia Supreme Court justice announced Friday that he will step down from future discussions involving a $76.3 million verdict against Massey Energy, but a second justice said he will not.

Justice Brent Benjamin announced his refusal to recuse himself late Friday afternoon, after Chief Justice Elliott “Spike” Maynard’s announcement Friday morning that he would remove himself from the case.

Benjamin, who became acting chief justice in the case after Maynard stepped down, named Circuit Judge Donald H. Cookman to replace Maynard. Cookman’s district includes Hampshire, Hardy and Pendleton counties.

The original verdict in the Harman-Massey case dates back to August 2002. A Boone County jury awarded $60 million to Caperton and Harman after Massey took over a lucrative coal-supply contract Harman had with a Pittsburgh steel company. With interest, the verdict has grown to more than $76 million.

On Nov. 21, 2006, the Supreme Court voted 3-2 to overturn that verdict. Maynard and Benjamin voted to overturn it, along with Justice Robin Davis. Justices Joseph Albright and Larry Starcher dissented.

http://sundaygazettemail.com/section/News/2008011833?pt=10

Anybody know anything about Cookman? It's hard to imagine Benjamin appointing anbody besides another Blankenship lapdog.

[Lasher]

1. Maynard expected to face more questions about Massey ties

Jan 20, 2008

CHARLESTON, W.Va. (AP) — Supreme Court Chief Justice Elliott “Spike” Maynard’s decision to step aside in an appeal involving Massey Energy Co. may not end the furor sparked by photos of his 2006 Riviera rendezvous with the coal company’s top executive.

Maynard stepped aside in a case involving a $76.3 million judgment that was overturned in Massey’s favor. The court has been asked to reconsider without Maynard. But Massey, the nation’s fourth-largest coal company by revenue, is involved in other cases that seem destined for West Virginia’s sole appellate court as well.

Among them is a $239 million judgment won by Wheeling-Pittsburgh Steel Co. last year.

Separately, Maynard is running for re-election this year and at least one Democratic primary opponent has already raised questions about his Monaco meet-up with Massey Chief Executive Don Blankenship.

Menis Ketchum, a Huntington lawyer, told The Herald-Dispatch newspaper that the appearance of impropriety “threatens the integrity of the West Virginia judicial system.”

http://www.herald-dispatch.com/homepage/x808409438

Good to see Maynard has some opposition in the primary.

[Lasher]

2. Chief justice recuses self from a second Massey case

Chief justice recuses self from a second Massey case
January 29, 2008

Supreme Court Chief Justice Elliott "Spike" Maynard recused himself today from hearing Massey Energy's appeal, filed earlier this month, of a $220 million Brooke County jury verdict in favor of Wheeling-Pittsburgh Steel.

In July, the jury found Massey violated a long-term supply contract when it failed to deliver metallurgical coal to Wheeling-Pitt, selling it instead to customers willing to pay higher prices, including overseas customers.

Earlier this month, Maynard also recused himself from rehearing future appeals from Massey Energy regarding the Supreme Court's deliberations overturning a Boone County jury verdict, now worth $76.3 million, in favor of Harman Mining and Hugh Caperton, its owner.

Maynard voted in favor of Massey Energy in the original ruling dismissing the Harman case, which the court voted unanimously last week to reconsider.

A court filing made earlier this month in the Harman case included photographs of Maynard and Massey CEO Don Blankenship vacationing together in Monaco.

http://wvgazette.com/latest/200801290621

Hmm, $300 million now that Blankenship thought his pals on the SC had already delivered on. If this keeps up, sooner or later it will start adding up to some real money.

[Lasher]

3. Maynard-Massey Flap Triggers Legislation

Jan 31, 2008

European vacation photos have already help trigger the recusal of West Virginia's chief Supreme Court justice from two pending cases. The conflict of interest allegations they represent are now spurring action by the Legislature.

A bipartisan resolution introduced Thursday proposes to amend the state constitution and create a Judicial Recusal Commission. This three-member panel would decide whether a justice or judge should be disqualified from a case.

The measure follows Chief Justice Elliott "Spike" Maynard's withdrawal from two pending cases involving Massey Energy Company. Maynard disqualified himself amid allegations regarding his longtime friendship with company President, Chairman and Chief Executive Don Blankenship.

Court rules now give the individual judge or justice the final say when a recusal request is made.

http://www.wsaz.com/news/headlines/15091696.html