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Wal-Mart, Pepsi & others urge Benjamin recusal

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Wal-Mart, Pepsi & others urge Benjamin recusal Empty Wal-Mart, Pepsi & others urge Benjamin recusal

Post by ziggy Wed Jan 07, 2009 9:28 pm

CHARLESTON, W.Va. - Several major companies, including Wal-Mart and Pepsi, are among the latest to tell the U.S. Supreme Court that West Virginia Supreme Court Justice Brent Benjamin should not have helped to dismiss a multimillion-dollar verdict against Massey Energy.

"There is a need to signal businesses and the general public that judicial decisions cannot be bought and sold," the companies argued in a brief filed late Monday with the U.S. Supreme Court.

The brief was filed by Wal-Mart Stores; PepsiCo; Lockheed Martin, a global security and airline company; Intel Corp., the world's largest semiconductor manufacturer; and the Committee for Economic Development, which describes itself as an "independent, nonpartisan organization of business and education leaders dedicated to policy research on the major economic and social issues of our time." A couple of other economic groups also participated in the brief.

They want the Supreme Court to send the case, brought against Massey by Harman Mining and its owner Hugh Caperton, back to the West Virginia Supreme Court for a new decision without any input from Benjamin.

Don Blankenship, Massey Energy's CEO, spent more than $3 million of his own money in a campaign to elect Benjamin over incumbent Justice Warren McGraw in 2004. At the time, Massey's appeal of a Boone County verdict, originally $50 million and now worth more than $82 million, was pending before the state Supreme Court.

After Benjamin was elected, the court twice issued 3-2 decisions overturning the Boone County verdict against Massey. Benjamin voted with the majority both times.

Harman and Caperton then appealed to the U.S. Supreme Court, which agreed in November to hear the appeal.

In their brief, the companies and economic groups argued that confidence in the judiciary - and its effect on business - is a central factor in the case.

"Confidence in the judiciary is of particular value to those engaged in commerce, who rely on evenhanded justice to make informed financial and investment decisions," the brief argues.

"There is a need to signal to businesses and the general public that judicial decisions cannot be bought and sold. Reversal of the judgment ... based on Justice Benjamin's failure to recuse himself would accomplish that."

http://www.wvgazette.com/News/200901060702
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Wal-Mart, Pepsi & others urge Benjamin recusal Empty Re: Wal-Mart, Pepsi & others urge Benjamin recusal

Post by Aaron Thu Jan 08, 2009 12:01 am

I agree Benjamin should have recused himself on appearance alone as should every justice who accepted campaign contributions or campaigning from labor and unions.
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