Judge not lest ye be judged, particularly if who you’re judging has given you a lot of money.  The case was Caperton vs. Massey Coal Company and is reminiscent of the John Grisham novel, The Appeal.  It involved a pitch battle between Hugh Caperton and the Massey Coal Company which culminated a $50M jury verdict for Caperton, that’s when things got interesting.  Knowing the State Supreme Court would be hearing the appeal, the Chairman of Massey Coal decided to support Attorney Brent Benjamin rather than the incumbent and donated $3M to get him elected.  When the Massey case came before the Court, Caperton asked Benjamin to remove or recuse himself, but he refused and Massey won a reversal 3-2.  The U.S. Supreme Court has just reversed the reversal, holding that significant and disproportionate influence demands recusal.  So its “bye, bye bias” and “recusal refusal” will never be quite the same.

THIS IS NEIL CHAYET LOOKING AT THE LAW™

Hugh M. Caperton, et al v. A.T. Massey Coal Co., Inc., U.S. Supreme Court, No. 08-22, June 8, 2009, Kennedy, J.

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