State Supreme Court Justice Brent Benjamin refused Thursday to disqualify himself from another case against Massey Energy Co., even though the company's chief executive spent about $3.5 million to help get Benjamin elected.
In his reply to a motion by Wheeling-Pittsburgh Steel Corp. and Mountain State Carbon LLC, Benjamin said he would not step down. A Brooke County jury said this summer that Massey should pay the two companies $240 million, and Massey has appealed to the state Supreme Court.
The reply, filed Thursday, includes Benjamin's filings from another case where he has twice refused to recuse himself. Benjamin referred to his reasoning there, and added that "inaccuracies and innuendo do not serve as a proper basis for seeking the disqualification of a judicial officer in West Virginia."
