The Gazette’s Dr. Paul Nyden had a review in Sunday’s paper of Laurence Leamer’s major new book, “The Price of Justice: A True Story of Greed and Corruption. ” The book focuses on the Harman Mining/Hugh Caperton lawsuit against Massey.
As most readers of this blog certainly know, that case went all the way to the U.S. Supreme Court and produced a ruling that state Supreme Court Justice Brent Benjamin was wrong to refuse to step down from Harman Mining’s appeal because of then-Massey CEO Don Blankenship’s funding of a campaign that helped put Benjamin on the court. As Dr. Nyden has already reported, this whole dispute continues in the courts in Virginia.
In his Sunday book review, Dr. Nyden explains:
Leamer tells the story of Pittsburgh lawyers Bruce Stanley, who grew up in Mingo County and worked as a newspaper reporter in Williamson before getting a law degree, and David B. Fawcett, whose father and grandfather were both lawyers. Both work for prominent Pittsburgh firms — Stanley for ReedSmith and Fawcett [first] for Buchanan Ingersoll and now for ReedSmith.
Fawcett and Stanley also previously represented clients in two other lawsuits against Blankenship and Massey.
Wheeling-Pittsburgh Steel hired Fawcett to sue Massey after it violated its 10-year contract to supply the company with high-quality metallurgical coal. Instead, Massey began selling its met coal to buyers willing to pay higher prices, exporting much of it to steel producers in foreign countries. After a four-month trial that ended in July 2007, Fawcett won $220 million in damages for Wheeling-Pitt. When the U.S. Supreme Court rejected Massey’s appeal, Massey paid the troubled West Virginia steel company $267 million, including interest.
Stanley sued Massey on behalf of the widows of two coal miners killed during a fire in its Aracoma mine in Logan County. Using government inspection reports and testimony from other miners, Stanley proved Massey had forced its Aracoma miners to work under unsafe conditions. The size of the settlements paid to the widows were never made public.