Theodore B. Olson will represent Harman and Caperton in asking the U.S. Supreme Court to hear their appeal of the West Virginia Supreme Court's decision to dismiss a verdict against Massey Energy. The verdict, originally $50 million, is now worth $76 million with interest.
Olson will focus on the refusal of state Supreme Court Justice Brent Benjamin to step down from hearing Massey's appeal of the verdict. Massey Energy chief executive Don Blankenship spent about $3.5 million to help Benjamin get elected to the court in 2004. Benjamin twice voted to throw out the verdict against Massey.
"The improper appearance created by money in judicial elections is one of the most important issues facing our judicial system today," Olson said Thursday.
"A line needs to be drawn somewhere to prevent a judge from hearing cases involving a person who has made massive campaign contributions to benefit the judge. We certainly believe that, in this case, acting Chief Justice Benjamin crossed that line."
Twice in recent months, the state Supreme Court has overturned the Boone Circuit Court verdict and absolved Massey of any liability for fraud and improper business interference for allegedly hijacking a long-term coal contract Harman had to supply metallurgical coal to a Pittsburgh steelmaker. Harman filed for bankruptcy less than a year after the events.
This story also illustrates a point made below (the story of Ted Cruz) about the value of ex-solicitors general as counselors when preparing briefs and arguing before the Supreme Court.
