MEDIA ADVISORY, Dec. 1, 2010
Massey subsidiary president committed fraud in Federal Court, activists say
Notes: Court documents available as a zip archive (3.3 MB)
BECKLEY, W.Va.—Marfork Mining Co. president Chris Blanchard committed a fraud upon the U.S. Southern District Court of West Virginia, according to activists associated with Climate Ground Zero and Mountain Justice. District Judge Irene Berger denied the activists’ motion to dismiss last February, based largely upon Blanchard’s affidavit.
“We now have two reports from the plaintiff’s economist which contradict Mr. Blanchard and prove conclusively that Marfork cannot establish $75,000 in damages,” the activists’ court filing said. $75,000 is a minimum requirement for a case to be accepted in federal court. This lawsuit is one of four Strategic Lawsuits Against Public Participation (SLAPP) brought by Massey and subsidiaries against activists intervening in mountaintop removal operations.
This lawsuit stems from a tree-sit on Coal River Mountain in January, 2009.
- Roger Forman, Esq., 304-389-4748
- David Dawson, Esq., 304-410-0229
- Tom Rist 304-253-1636
What and Who:
Status conference call between counsel for Marfork Mining Co. and counsel for five activists protesting mountaintop removal, and U.S. Mag. R. Clarke VanDervort for the Southern District of West Virginia at Beckley.
- Massey’s counsel include Samuel M. Brock and Andrew McCallister, of Spillman Thomas and Battle, PLLC.
- The activists’ counsel are Roger D. Forman, Thomas A. Rist and David M. Dawson of West Virginia; Larry Hildes from Bellingham, Wa.; Terry Lodge from Toldeo, Ohio; and Angela Garrone from Memphis, Tn.
- The activists are David Aaron Smith, Amber Nitchman, Eric Blevins, Josh Graupera and Isabelle Rozendaal.
Friday, Dec. 3, 2010 at 11:00am.