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CAPERTON v. A.T. MASSEY COAL CO., INC.

No. 08-22.

129 S.Ct. 2252 (2009)

556 U.S. 868

173 L.Ed.2d 1208

Hugh M. CAPERTON, et al., Petitioners, v. A.T. MASSEY COAL CO., INC., et al.

Supreme Court of United States.

Decided June 8, 2009.

Attorney(s) appearing for the Case

Theodore B. Olson , Charleston, WV, for petitioners.

Andrew L. Frey , New York, NY, for respondents.

David B. Fawcett , Buchanan Ingersoll & Rooney PC, Pittsburgh, PA, Bruce E. Stanley , Reed Smith LLP, Pittsburgh, PA, Theodore B. Olson , Counsel of Record, Matthew D. McGill , Amir C. Tayrani , Gibson, Dunn & Crutcher LLP, Washington, D.C., Robert V. Berthold, Jr. , Berthold, Tiano & O'Dell, Charleston, WV, for petitioners.

Evan M. Tager , Dan Himmelfarb , Jeffrey A. Berger , Mayer Brown LLP, Washington, DC, Eugene Volokh , Los Angeles, CA, Andrew L. Frey , Counsel of Record, Mayer Brown LLP, New York, NY, Lewis F. Powell III , Ryan A. Shores , Robert W. Loftin , Hunton & Williams LLP, Richmond, VA, D.C. Offutt, Jr. , Offutt Nord, PLLC, Huntington, WV, for respondents.

In this case the Supreme Court of Appeals of West Virginia reversed a trial court judgment, which had entered a jury verdict of $50 million. Five justices heard the case, and the vote to reverse was 3 to 2. The question presented is whether the Due Process Clause of the Fourteenth Amendment was...

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