Former Justice Tom McHugh took Benjamin's place.
Davis recused herself when the Supreme Court considered a May 2011 request by the Massey shareholders to block the Alpha buyout.
At the time, Davis said her husband, Charleston lawyer Scott Segal, was involved in litigation stemming from the Upper Big Branch disaster. It was not clear why she did not recuse herself from the most recent case, but most of the Upper Big Branch litigation has since been settled.
In her dissent, Davis said she is "dismayed" by the court's decision that it does not have jurisdiction over the merger, allowing the matter to instead by resolved by a Delaware court.
"I am disappointed that my colleagues did not appreciate the impact that their ruling would have upon Manville's continued quest to do right by the coal miners of this state and to hold accountable those Massey Board members and officers who failed to follow through on their promises," Davis wrote.
Davis also wrote, "Since this state's inception, the coal mining industry has been recognized as being of preeminent importance to the citizens of West Virginia.
"It goes without saying that West Virginia coal mines allow many West Virginians to earn a livelihood, contribute significantly to the state's economy and infrastructure, and are a near-constant topic of legislative concern," Davis wrote. "Therefore, I cannot fathom why the court would defer ruling on a matter of such grave concern to this state that ultimately would impact the enforcement of mine safety regulations against a mining company with such a pervasive presence in and impact on this state and its citizens."
Reach Ken Ward Jr. at kw...@wvgazette.com or 304-348-1702.