Years After Supreme Court Decision, 'Caperton' Continues

, The National Law Journal


Some Supreme Court cases, like old soldiers, never die, but unlike old soldiers, neither do they fade away. Consider Caperton v. A.T. Massey Coal Company. In 2009, a divided Supreme Court held that Hugh Caperton's due process rights were violated when a judge on the West Virginia Supreme Court of Appeals refused to recuse himself from the appeal of a multi-million dollar jury verdict brought by the owner of Massey Coal.

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