Massey case against court reporter dismissed

CHARLESTON – Massey Energy's lawsuit against a Boone County court reporter was dismissed Thursday by a federal judge.

Chief U.S. District Judge David Faber tossed out the case filed by six Massey subsidiaries against Jennifer Meadows, saying Meadows did not violate Massey's due process rights.

To see the order, click here.

Massey had alleged that Jennifer Meadows "intentionally misrepresented her ability to produce a transcript" for a 2002 trial in which Massey and several of its subsidiary companies were sued. Ultimately, Massey was ordered to pay more than $50 million in damages. With interest, that award now is close to $70 million.

Massey also claimed Meadows' actions had caused them "substantial financial damages."

In 1998, Hugh M. Caperton, Harman Development Corp., Harman Mining Corp. and Sovereign Coal Sales Inc. filed the suit against Massey Coal, Elk Run Coal Co., Independence Coal Co., Marfork Coal Co., Performance Coal Co. and Massey Coal Sales Co. alleging Massey was liable for damages arising out of a series of transactions that also were the subject of a separate lawsuit in Virginia.

Massey said Meadows repeatedly delayed submitting a full trial transcript needed for an appeal to the state Supreme Court. When she did turn one over, Massey said it had many errors and omissions. In Thursday's ruling, Faber said a proper transcript was certified by Circuit Judge Jay Hoke, who oversaw the 2002 trial.

U.S. District Court case number: 2:06-0484