CHARLESTON – A Charleston law firm seeks an order confirming a modified final award of arbitration of more than $8.5 million against three companies owned by Gov. Jim Justice.
Hendrickson & Long PLLC filed its petition December 9 in Kanawha Circuit Court against Bluestone Resources Inc., Bluestone Industries Inc. and Bluestone Coal Corporation.
Companies owned by Justice and his family have a history of not paying or trying to delay paying for goods and services rendered.
According to the petition, Hendrickson & Long represented the three Bluestone companies in litigation. According to a 2017 contract between the parties, the law firm was entitled to a percentage of the value of all things recovered by virtue of settlement or award. Bluestone secured a substantial monetary and non-monetary settlement in the litigation.
The law firm received the appropriate fee for the monetary recovery, but it says a dispute arose regarding the amount Bluestone owes for the non-monetary recovery. The firm says the contract between the parties stipulated that disputes would be settled by arbitration.
In February, the firm says it started arbitration proceedings with the American Arbitration Association. The hearing was in September. On November 2, the arbitrators entered a unanimous interim award in favor of the law firm for nearly $8.5 million in unpaid fees. Also, the panel awarded the firm a reimbursement of administrative costs of nearly $38,000.
Despite a provision for the sides to confer to determine attorney fees and other costs, the law firm agreed to waive attorney fees for the arbitration proceedings. The sides did agree on the firm’s submission of $16,616.40 for litigation-related expenses. Along with compensation for and an administrative fee for the arbitrators and interests, the final award is $8,525,901.37.
The panel entered the final award on November 29, and the law firm says Bluestone has failed to respond to inquiries about paying the amount.
Hendrickson & Long seeks an order confirming the award and judgment in its favor and asks the court to retain jurisdiction in the matter if further proceedings are required. It also seeks attorney fees and court costs associated with filing this petition.
The firm is being represented by Stephen E. Hastings, who works for the firm. The petition has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 22-C-1000