The third time wasn't a charm for Hugh Caperton, who has been trying to have his case against AT Massey Coal Co. decided in West Virginia. You may recall that this is the case where the United States Supreme Court ruled that WVSCA Chief Justice Brent Benjamin should have recused himself because his candidacy to the Court had been so strongly supported by Don Blankenship, CEO of Massey. This time Justice Benjamin was replaced by Senior Status Judge Holliday, but the result was the same.
Harman brought a tort action in Boone County, West Virginia, and was awarded $50 million, which judgment AT Massey appealed. The WV Supreme Court ruled, as it had before, that Caperton's mining company, Harman Mining, had agreed in the forum selection clauses of the relevant contracts that lawsuits would be brought in Virginia, where Harman had already been awarded $6 million in a contract action. The WVSCA remanded the case to Judge Hoke to dismiss with prejudice. The decision, and the lengthy procedural history, can be found here.
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