HIGH COURT REJECTS MASSEY APPEAL - Massey Will Pay-Up $220 Million Over Contract Violation

(12/02/2008)

The US Supreme Court has decided not to take up an appeal from Massey Energy over a multi-million dollar verdict from Brooke County. Massey Coal had been seeking to have the high court overturn a July 2007 case where a jury awarded Wheeling-Pittsburgh Steel $220 million over a coal contract dispute with Massey. The West Virginia jury found Massey failed to make monthly deliveries of 104,000 tons of coal under a long-term supply contract, records indicate Massey ignored their contract with the steelmaker and sold the coal abroad for a higher profit. "We are disappointed because we felt our case was worthy of the Court's review, but we understood from the start that the Court accepts only a very limited number of cases every year," said M. Shane Harvey, Massey Energy Vice President and General Counsel. Massey, in a press release, said it has already accrued the money with interest to take care of the verdict amount. However, the U.S. Supreme Court is taking up a separate case involving Massey Energy. The justices will review whether state Supreme Court Justice Brent Benjamin should have removed himself from hearing the appeal of the Massey-Harman Energy dispute.

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