CHARLESTON – The state Supreme Court will hear Massey Energy's appeal of a $50 million Boone County verdict.
In 2002, a Boone Circuit Court jury ruled that Massey had forced Harman Mining out of business and into bankruptcy. Judge Jay Hoke upheld the verdict in 2005.
The Court decided 5-0 to hear Massey's appeal.
The basis of Harman's suit was that Massey nullified a 10-year contract to sell coal to LTV Steel. The sales went through Wellmore Coal, a Boone County company owned by Massey.
Massey, however, says Harman filed for bankruptcy because of losses at a Virginia mine, among other reasons.
Also Thursday, the Court said it will hear arguments in a dispute between Cabell County and the state Regional Jail and Correctional Facility Authority over daily fees the authority charges to house inmates.
The authority charges $48.50 per day. Cabell County has taken issue with that amount since 2004. Before that, the fee was $45 per day.
Last April, the authority contested a ruling by Cabell Circuit Judge David Pancake that said the fee was raised improperly because it didn't have a quorum of its voting members. Also, the ruling said the authority unfairly calculated the daily fee.
The Court voted 4-1 to hear the case, with Justice Larry Starcher dissenting.