Decided

No. 08-22

Hugh M. Caperton, et al. v. A.T. Massey Coal Company, Inc., et al.

from the Supreme Court of Appeals of West Virginia

See other cases from West Virginia.

Docket Entries

Record returned to the Supreme Court of Appeals of West Virginia.

MANDATE ISSUED.

Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Scalia, Thomas, and Alito, JJ., joined. Scalia, ... (orders list)

Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Scalia, Thomas, and Alito, JJ., joined. Scalia, J., (orders list)

Motion to file a supplemental brief after argument filed by respondents DENIED. (orders list)

Opposition of petitioners to motion of respondents for leave to file supplemental brief filed. (Distributed)

Motion to file a supplemental brief after argument filed by respondent A.T. Massey Coal Company, Inc., et al.

Argued. For petitioners: Theodore B. Olson, Washington, D.C. For respondents: Andrew L. Frey, New York, N.Y.

Reply of petitioners Hugh M. Caperton, et al. filed. (Distributed)

Motion of Alabama, et al. for leave to participate in oral argument as amicus curiae and for divided argument DENIED. (orders list)

Motion for leave to file amicus brief filed by out of time Supreme Court of the State of Louisiana in support of neither party GRANTED. (orders list)

Motion for leave to file amicus brief out of time filed by Supreme Court of the State of Louisiana in support of neither party. (Distributed)

Brief amicus curiae of James Madison Center for Free Speech filed. (Distributed)

Motion of Alabama, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.

Brief amici curiae of Ten Current and Former State Chief Justices and Justices filed. (Distributed)

Brief amici curiae of Alabama, et al. filed. (Distributed)

Brief amici curiae of Ronald D. Rotunda, and Michael R. Dimino filed. (Distributed)

Brief amicus curiae of Center for Competitive Politics filed. (Distributed)

Brief of respondents A.T. Massey Coal Company, Inc., et al. filed. (Distributed)

Record received from the Supreme Court of Appeals of West Virginia. (13 boxes)

CIRCULATED.

Brief amici curiae of Brennan Center for Justice at NYU School of Law, et al. filed.

Brief amicus curiae of National Association of Criminal Defense Lawyers filed.

Brief amici curiae of Conference of Chief Justices in Support of Neither Party filed.

Brief amicus curiae of American Association for Justice filed.

Brief amici curiae of Justice at Stake, et al. filed.

Brief amicus curiae of American Bar Association filed.

Brief amici curiae of Center for Political Accountability, et al. filed.

Brief amicus curiae of American Academy of Appellate Lawyers filed.

Brief amici curiae of Committee for Economic Development, et al. filed.

Brief amici curiae of 27 Former Chief Justices and Justices filed.

Brief amicus curiae of Public Citizen filed.

Brief of petitioners Hugh M. Caperton, et al. filed.

Joint appendix filed. ( two volumes.) (Statement of costs filed)

Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the respondent.

SET FOR ARGUMENT ON Tuesday, March 3, 2009.

Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioners.

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of November 14, 2008.

DISTRIBUTED for Conference of November 7, 2008.

DISTRIBUTED for Conference of October 31, 2008.

DISTRIBUTED for Conference of October 17, 2008.

DISTRIBUTED for Conference of October 10, 2008.

Reply of petitioners Hugh M. Caperton, et al. filed. (Distributed)

Brief of respondents A.T. Massey Coal Company, Inc., et al. in opposition filed.

Supplemental brief of petitioners Hugh M. Caperton, et al. filed.

Brief amicus curiae of American Bar Association filed.

Brief amicus curiae of Washington Appellate Lawyers Association filed.

Brief amicus curiae of Committee for Economic Development filed.

Brief amici curiae of Brennan Center for Justice at NYU School of Law, et al. filed.

Brief amicus curiae of Public Citizen filed.

Order extending time to file response to petition to and including September 3, 2008.

Consent to the filing of any amicus briefs received from the counsel for the petitioners .

Petition for a writ of certiorari filed. (Response due August 4, 2008)

Parties

Hugh M. Caperton, et al., Petitioner, represented by Theodore B. Olson

A.T. Massey Coal Company, Inc., et al., Respondent, represented by Andrew L. Frey

Ronald D. Rotunda, and Michael R. Dimino, Respondent, represented by C.Thomas Ludden

Amici Curiae

27 Former Chief Justices and Justices, Amicus Curiae, represented by Charles K. Wiggins

Alabama, et al., Amicus Curiae, represented by Kevin C. Newsom

American Academy of Appellate Lawyers, Amicus Curiae, represented by Wendy Cole Lascher

American Association for Justice, Amicus Curiae, represented by Robert S. Peck

American Bar Association, Amicus Curiae, represented by William H Neukom

American Bar Association, Amicus Curiae, represented by H. Thomas Wells Jr.

Brennan Center for Justice at NYU School of Law, et al., Amicus Curiae, represented by Aziz Huq

Brennan Center for Justice at NYU School of Law, et al., Amicus Curiae, represented by James J. Sample

Center for Competitive Politics, Amicus Curiae, represented by Stephen M. Hoersting

Center for Political Accountability, et al., Amicus Curiae, represented by Karl J. Sandstrom

Committee for Economic Development, Amicus Curiae, represented by Daniel F Kolb

Conference of Chief Justices in Support of Neither Party, Amicus Curiae, represented by Thomas R. Phillips

James Madison Center for Free Speech, Amicus Curiae, represented by Lewis F. Powell III

Justice at Stake, et al., Amicus Curiae, represented by Elizabeth B. Wydra

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Pamela Harris

Public Citizen, Amicus Curiae, represented by Allison M. Zieve

Supreme Court of the State of Louisiana in support of neither party, Amicus Curiae, represented by Esmond Phelps Gay

Ten Current and Former State Chief Justices and Justices, Amicus Curiae, represented by Patrick J. Wright

 
Last updated: February 21, 2010