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Caperton V. A.T. Massey Coal Co.
''Caperton v. A. T. Massey Coal Co.'', 556 U.S. 868 (2009), is a case in which the United States Supreme Court held that the Due Process Clause of the Fourteenth Amendment requires judges to recuse themselves not only when actual bias has been demonstrated or when the judge has an economic interest in the outcome of the case but also when "extreme facts" create a "probability of bias.". Background In 1998, Harman Mining Company president Hugh Caperton filed a lawsuit against A.T. Massey Coal Company alleging that Massey fraudulently cancelled a coal supply contract with Harman Mining, resulting in its going out of business. In August 2002, a Boone County, West Virginia jury found in favor of Caperton and awarded $50 million in damages. While the case was awaiting hearing in the West Virginia Supreme Court of Appeals, A.T. Massey's Chief Executive Officer, Don Blankenship, became involved in the election campaign pitting incumbent Supreme Court Justice Warren McGraw again ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
West Virginia Supreme Court
The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's State court (United States), state courts. The court sits primarily at the West Virginia State Capitol in Charleston, West Virginia, Charleston, although from 1873 to 1915, it was also required by state law to hold sessions in Charles Town, West Virginia, Charles Town in the state's Eastern Panhandle of West Virginia, Eastern Panhandle. The court also holds special sittings at various locations across the state. Although the West Virginia Constitution allowed for an intermediate court of appeals to be created, the Legislature declined to do so from 1974 until 2021. Thus, the Supreme Court provided the only Appellate review, review of the decisions of the state's trial courts of general jurisdiction, the West Virginia Circuit Courts, during that period. In December 2010, the Supreme Court promulgated a major revision of West Virginia's rules of app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Republican Party (United States)
The Republican Party, also known as the Grand Old Party (GOP), is a Right-wing politics, right-wing political parties in the United States, political party in the United States. One of the Two-party system, two major parties, it emerged as the main rival of the then-dominant Democratic Party (United States), Democratic Party in the 1850s, and the two parties have dominated American politics since then. The Republican Party was founded in 1854 by anti-slavery activists opposing the Kansas–Nebraska Act and the expansion of slavery in the United States, slavery into U.S. territories. It rapidly gained support in the Northern United States, North, drawing in former Whig Party (United States), Whigs and Free Soil Party, Free Soilers. Abraham Lincoln's 1860 United States presidential election, election in 1860 led to the secession of Southern states and the outbreak of the American Civil War. Under Lincoln and a Republican-controlled Congress, the party led efforts to preserve th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robin Davis
Robin Jean Davis (born April 6, 1956 , Supreme Court of Appeals of West Virginia) is an American who served on the . First elected to fill an unexpired term in 1996, Davis later won full twelve-year terms in 2000 and 2012. However, Davis retired before the end of her second full term in August 2018 after the West Virginia House Judiciary Committee named Davis in [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Esophageal Cancer
Esophageal cancer (American English) or oesophageal cancer (British English) is cancer arising from the esophagus—the food pipe that runs between the throat and the stomach. Symptoms often include dysphagia, difficulty in swallowing and weight loss. Other symptoms may include odynophagia, pain when swallowing, a hoarseness, hoarse voice, Lymphadenopathy, enlarged lymph nodes ("glands") around the clavicle, collarbone, a dry cough, and possibly hemoptysis, coughing up or hematemesis, vomiting blood. The two main Histopathology, sub-types of the disease are esophageal squamous-cell carcinoma (often abbreviated to ESCC), which is more common in the developing world, and esophageal adenocarcinoma (EAC), which is more common in the developed world. A number of less common types also occur. Squamous-cell carcinoma arises from the squamous epithelium, epithelial cells that line the esophagus. Adenocarcinoma arises from glandular cells present in the lower third of the esophagus, ofte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Albright
Joseph P. Albright (November 8, 1938 – March 20, 2009) was an American jurist who first served on the Supreme Court of Appeals of West Virginia from 1995 to 1996. In November 2000, he was elected to the Supreme Court of Appeals for a full 12-year term. (He served from January 2001 until his death in 2009.) Personal Albright was born in Wood County, West Virginia. He married Patricia Ann Deem in 1958; they had four children, Theresa Albright Cavi, Lettie K. Albright Muckley (deceased), Joseph P. Albright Jr. and John P. Albright (deceased). In 1995, a widower, Albright married Nancie Gensert Divvens, becoming stepfather to her three adult children. Albright attended St. Francis Xavier Catholic Church in Parkersburg. Education Justice Albright earned a Bachelor of Business Administration degree, cum laude, from the University of Notre Dame and his law degree from the Notre Dame Law School, where he won the Webber Prize for Appellate Advocacy and was a member of the Notre Da ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Putnam County, West Virginia
Putnam County is a county in the U.S. state of West Virginia. As of the 2020 census, its population was 57,440. Its county seat is Winfield, its largest incorporated city is Hurricane, and its largest community is the census-designated place of Teays Valley. Putnam County is part of the Huntington–Ashland, WV-KY-OH metropolitan statistical area, across the Kanawha River from Charleston, West Virginia. History The Virginia General Assembly formed Putnam County on March 11, 1848, from parts of Cabell, Kanawha, and Mason Counties. It was named for Israel Putnam, who was a hero in the French and Indian War and a general in the American Revolutionary War. George Washington surveyed the area in 1770. Winfield, the county seat, had been founded in 1818, but was incorporated on February 21, 1868, and named to honor General Winfield Scott, a general during the Mexican American War and the early stage of the Civil War. Slavery was a divisive issue in Putnam County before and d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically or mentally. The term is not used in contemporary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Interest
A conflict of interest (COI) is a situation in which a person or organization is involved in multiple wikt:interest#Noun, interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations in which the personal interest of an individual or organization might adversely affect a duty owed to decision-making, make decisions for the benefit of a third party. An "interest" is a commitment, obligation, duty or goal associated with a specific social role or practice. By definition, a "conflict of interest" occurs if, within a particular decision-making context, an individual is subject to two coexisting interests that are in direct conflict with each other ("competing interests"). This is important because under these circumstances, the decision-making process can be disrupted or compromised, affecting the integrity or reliability of the outcomes. Typically, a conflict of interest arises when an individual occupies tw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dissenting Opinion
A dissenting opinion (or dissent) is an Legal opinion, opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's Holding (law), holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise hol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John G
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died ), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (died ), one of the twelve apostles of Jesus Christ * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope John ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American attorney and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was considered the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Stanford University and Harvard Law School. Kennedy became a U.S. federal judge in 1975 when President Gerald Ford appointed him to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theodore Olson
Theodore Bevry Olson (September 11, 1940 – November 13, 2024) was an American lawyer who served as the 42nd solicitor general of the United States from 2001 to 2004 in the administration of President George W. Bush. He previously served as the Assistant Attorney General of the Office of Legal Counsel of the U.S. Department of Justice from 1981 to 1984 under President Ronald Reagan, and he was also a longtime partner at the law firm Gibson Dunn. Early life and education Olson was born on September 11, 1940, in Chicago, the son of Yvonne Lucy (''née'' Bevry) and Lester W. Olson. He grew up in Mountain View, California, in the San Francisco Bay Area. After graduating from Los Altos High School in 1958, he studied communications and history at the University of the Pacific, where he was a charter member of the Phi Kappa Tau fraternity chapter. He graduated in 1962 with a Bachelor of Arts, ''cum laude''. He then attended the UC Berkeley School of Law, where he was a member ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
