Recusal Ruling Reopens Massey Suit Vs WVa Court

By: Associated Press
By: Associated Press

Charleston, W.Va. (AP) -- The U.S. Supreme Court's recent ruling against Massey Energy allows the coal operator to resume its challenge of the West Virginia Supreme Court's recusal rule.

A federal judge has ended a court-imposed pause and wants lawyers to weigh in by Monday on how to proceed.

The court's rule requires individual justices to decide whether "appropriate" reasons exist to grant recusal requests.

Due process and recusal were issues the U.S. Supreme Court addressed earlier this month when it faulted State Justice Brent Benjamin for refusing to remove himself from a Massey case.

Richmond, VA.-based Massey argues that the rule violates its due process rights.

But some of Massey's allies in that case argued in favor of the rule and against second-guessing by federal courts.

(Copyright 2009 by the Associated Press. All rights reserved.)

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