US Supreme Court Docket

Supreme Court Docket

[Download January 12, 2008 Argument Calendar PDF]

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Caperton v. A.T. Massey Coal Co.
No. 08-22

Title:

Caperton v. A.T. Massey Coal Co., 08-22

Subject:

Constitutional Law, Due Process, Judicial Campaign Contributions

Question:

Justice Brent Benjamin of the Supreme Court of Appeals of West Virginia refused to
recuse himself from the appeal of the $50 million jury verdict in this case, even
though the CEO of the lead defendant spent $3 million supporting his campaign for
a seat on the court--more than 60% of the total amount spent to support Justice
Benjamin's campaign--while preparing to appeal the verdict against his company.
After winning election to the court, Justice Benjamin cast the deciding vote in the
court's 3-2 decision overturning that verdict. The question presented is whether
Justice Benjamin's failure to recuse himself from participation in his principal
financial supporter's case violated the Due Process Clause of the Fourteenth
Amendment.

Decisions:

• Supreme Court of Appeals of West Virginia, Opinion Filed: April 3, 2008

Resources:

• Docket Sheet from the U.S. Supreme Court.

Briefs:

Coming Soon

Counsel of Record

For Petitioner:

Theodore B. Olson
Gibson Dunn & Crutcher LLP
Washington, DC

For Respondent:

Andrew L. Frey
Mayer Brown, LLP
New York, NY

 

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