Caperton v. Massey Lives!

Whodathunk it?

The Virginia Supreme Court of Virginia ruled unanimously that Hugh Caperton and his coal companies — Harman Mining and Sovereign Coal Sales — can pursue a lawsuit against the former A.T. Massey Coal Co. in a Virginia circuit court.

In a 27-page opinion released on Thursday morning, Virginia’s top court ruled the civil lawsuit can proceed. The same lawsuit was dismissed by the West Virginia Supreme Court three times.

“The [West Virginia] court determined that a forum selection clause in an agreement between the parties required that the suit be brought in Virginia,” the Virginia Supreme Court noted in its 5-0 decision.


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