BLANKENSHIP v. ALPHA APPALACHIA HOLDINGS, INC.

C.A. No. 10610-CB.

DONALD L. BLANKENSHIP, Plaintiff, v. ALPHA APPALACHIA HOLDINGS, INC., f/k/a MASSEY ENERGY COMPANY, a Delaware corporation, and ALPHA NATURAL RESOURCES, INC., a Delaware corporation, Defendants.

Court of Chancery of Delaware.

Decided: May 28, 2015.


Attorney(s) appearing for the Case

Daniel B. Rath , K. Tyler O'Connell and Travis J. Ferguson of LANDIS RATH & COBB LLP, Wilmington, Delaware; Graeme W. Bush and Andrew N. Goldfarb of ZUCKERMAN SPAEDER LLP, Washington, D.C.; Attorneys for Plaintiff.

Donald J. Wolfe, Jr. , Matthew E. Fischer and Jacqueline A. Rogers of POTTER ANDERSON & CORROON LLP, Wilmington, Delaware; Mitchell A. Lowenthal , Lev L. Dassin , Victor L. Hou and Marla A. Decker of CLEARY GOTTLIEB STEEN & HAMILTON LLP, New York, New York; William S. Ohlemeyer of BOIES, SCHILLER & FLEXNER LLP, Armonk, New York; Attorneys for Defendants.


MEMORANDUM OPINION

BOUCHARD, C.

I. INTRODUCTION

This advancement action involves some unusual facts but an all too common scenario: the termination of mandatory advancement to a former director and officer when trial is approaching and it is needed most.

Plaintiff Donald L. Blankenship is the former Chief Executive Officer and Chairman of Massey Energy Company, which is now known as Alpha Appalachia Holdings, Inc. ("Massey"). Blankenship...

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