WCHS Eyewitness News Home Charleston Eyewitness Newsroom Charleston Storm Team Weather Sports News TV Program Schedule Community Mobile: Smartphone,Tablet and SMS text Get Connected SMS Text Facebook Twitter See-It,Shoot-It RSS News Feed Email List Tumblr


Court Rules In Favor Of Jackson Kelly, Coal Company In Black Lung Case

Reported: Jan. 3, 2014 5:15 PM EST
Updated: Jan. 3, 2014 6:25 PM EST
EYEWITNESS NEWS ONLINE WEBCAST VIDEO

News Image

RICHMOND, Va.. (Rick Lord) - West Virginia's biggest law firm won a big victory in court Friday.

The Fourth Circuit Court of Appeals ruled in favor of Jackson Kelly and the coal company it was representing.

The case, surrounding black lung, drew national attention. The law firm was accused of withholding medical evidence. The court said while the firm's actions are "hardly admirable" the firm did not commit fraud.

Jackson Kelly released this statement about the decision:

"Jackson Kelly is pleased that the Fourth Circuit Court of Appeals has ruled in favor of our client, and held that our client had no obligation to turn over reports from non-testifying consultants. As the Court noted, under our legal system, parties on all sides of a dispute are entitled to effective representation. As the Court acknowledged, the federal black lung program is intended to be adversarial. We have always believed that the actions of our attorneys were lawful. For nearly 200 years, Jackson Kelly has represented clients across West Virginia and the nation, and we have always been known as strong and able advocates and we believe our conduct in this case was consistent with our duty to represent our client."

Allan Karlin, who represented Mary Fox, who filed the law suit on behalf of her deceased coal mining husband, released this statement:

"Although we are disappointed that the Court did not conclude that Jackson Kelly's conduct rose to the level of 'fraud upon the court,' a heightened legal standard for reopening older cases, we note that the Court did not endorse that firm's conduct nor did it consider or resolve the more important question as to whether the firm committed common law fraud. The fact remains: Jackson Kelly's own experts gave its attorneys reports that demonstrated Mr. Fox had Complicated Black Lung. Yet, those attorneys took advantage of Mr. Fox, a miner who could not get an attorney for his black lung claim, by ignoring the opinions of their hired experts and, instead, building a case against Mr. Fox on evidence they knew was misleading and unreliable. As a result, a miner suffering from Black Lung was forced to continue working in the mines until his illness became so bad he needed a lung transplant. We hope that Jackson Kelly will not continue to use these kind of tactics to defeat bona fide claims brought by seriously ill miners and that its attorneys will recognize that there are moral, ethical and legal codes that are more important than winning a case."

Mary Fox is also pursuing a civil case in state court in Raleigh County.



MORE NEWS FROM EYEWITNESS NEWS
Police Say Woman Faces Domestic Battery Charge After Hitting Her 2-Year-Old
News
Aug. 27, 2014 10:17 PM EDT
A 21-year-old mother is facing domestic battery charges ...
Full News Story and Video

HPD SWAT Team Raids Apartment Complex, Two People Arrested
News
Aug. 27, 2014 9:41 PM EDT
Two people from Detroit are in a West Virginia jail ...
Full News Story

Hurricane Park Bridge to Be Replaced
News
Aug. 27, 2014 10:37 PM EDT
A popular park in Hurricane will soon get a much needed ...
Full News Story


News Dispatchers Say Man Stabbed Several Times In Huntington
Aug. 27, 2014 10:45 PM EDT
News HP Recalls More Than 5 Million Power Cords
Aug. 27, 2014 7:20 PM EDT
News Riverside High Cook Maintains Innocence Amid Theft Allegations
Aug. 27, 2014 9:29 PM EDT
News Senate, House Leaders Try To Delay Tank Bill Deadline
Aug. 27, 2014 6:58 PM EDT
News Police Say They Believe They Have A Suspect In Connection To Bus Bomb Threat; No Arrests Made
Aug. 27, 2014 6:27 PM EDT
News Cold Spot's Owner Reaches Out For Help In Wake Of Devastating Fire
Aug. 27, 2014 6:22 PM EDT
News Settlement Made With DuPont Over Toxic Releases
Aug. 27, 2014 6:55 PM EDT
News OktoberWest To Feature National Talent
Aug. 27, 2014 7:27 PM EDT
News Charleston Police Say Captured Suspects Were Trying To Start New Lives
Aug. 27, 2014 9:21 PM EDT
News Browns Wide Receiver Gordon Suspended For 2014 Season
Aug. 27, 2014 4:11 PM EDT
News Charges Filed After Man In Wheelchair Begging Along Highway Fatally Shot
Aug. 27, 2014 2:28 PM EDT
News Army Identifies Soldier Who Shot Self At Virginia Base
Aug. 27, 2014 1:30 PM EDT
News Burger King Hears From Customers About Possible Move To Canada
Aug. 27, 2014 1:26 PM EDT
News Ex-Mail Carrier Sentenced In Drug Case
Aug. 27, 2014 1:20 PM EDT
News MU Opens New Learning Center
Aug. 27, 2014 12:58 PM EDT
News Grant Money Helps Arts Throughout Mountain State
Aug. 27, 2014 12:39 PM EDT
News Trial Date For Kanawha County Prosecutor Uncertain
Aug. 27, 2014 6:40 PM EDT
News Pre-Paid Cards Being Used To Get Money From Victims
Aug. 27, 2014 12:34 PM EDT
News Military Says Jet That Crashed In Virginia Based In Massachusetts: Status Of Pilot Unknown
Aug. 27, 2014 6:21 PM EDT
News Police Say Suspect Wanted In Murder Could Be In Multiple Cities Throughout WV
Aug. 27, 2014 12:38 PM EDT
News Several Employees Arrested After Alleged Riverside High Thefts
Aug. 27, 2014 12:43 PM EDT
News Interstate 64 Reopens Following Accident
Aug. 27, 2014 9:25 AM EDT
News Wayne Road Repairs Affects Bus Routes
Aug. 26, 2014 11:13 PM EDT
News Final Two Suspects Sought In Foodland Robbery Arrested
Aug. 27, 2014 12:37 PM EDT
News National Health Groups Demanding Regulations On Booming E-Cig Industry
Aug. 26, 2014 10:03 PM EDT
News After Several Acts of Crime, Neighbors Hoping For Normalcy
Aug. 26, 2014 9:48 PM EDT
News New Upscale Housing Subdivision to Relieve Housing Stress in Hurricane
Aug. 26, 2014 10:02 PM EDT
News Charleston Mayor Calls For Second Review Of Gardner Case
Aug. 26, 2014 9:32 PM EDT
News School Bus Accident Reminds Drivers Of Dangerous Stretch On Route 35
Aug. 26, 2014 6:36 PM EDT
News Former Logan County Teacher Arrested On Drug-Related Charges
Aug. 26, 2014 6:41 PM EDT


Advertise on WCHS-TV Online

West Virginia News
House, Senate leaders urge delay in W.Va. tank law

State House and Senate leaders are urging the governor to call a special session to delay part of an aboveground storage tank law.
Full Story

Kentucky News
Kentucky gets $20 million grant for energy study

Democrats and Republicans gathered Wednesday to celebrate a $20 million federal grant designed to move Kentucky to new forms of energy, a tricky subject in a state dominated by the coal industry.
Full Story

Ohio News
5 groups to watch as Election Day nears

The final two months of campaigning in Ohio will determine if Republicans continue their four-year control of statewide offices topped by governor, and of both chambers of the state Legislature. Here are five political groups that are seeking to wield their influence:
Full Story







Fugitive Files Tuesdays at 6 PM on Eyewitness News

West Virginia Wildlife Wednesdays at 6 PM on Eyewitness News

ABC News web site







Send Mail Send email to news@wchstv.com for information or comments concerning WCHS-TV Eyewitness News.
Copyright ©2014, WCHS-TV8. Portions are Copyright 2014 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or distributed.

WCHS ABC 8 provides local news, weather forecasts, traffic updates, notices of events and items of interest in the community, sports and entertainment programming for Charleston and nearby towns and communities in the Tri-State area, including Huntington, Dunbar, Marmet, Montgomery, Nitro, South Charleston, St. Albans, Cedar Grove, Chesapeake, Clendenin, East Bank, Glasgow, Pratt, Cross Lanes, Elkview, Pinch, Sissonville, Big Chimney, Cabin Creek, Chelyan, Davis Creek, Institute, Jefferson, Loudendale, Mink Shoals, Pocatalico, Quick, Quincy, Rand, Buffalo, Eleanor, Hurricane, Nitro, Poca, Winfield, Culloden, Fraziers Bottom, Hometown, Red House, Scott Depot, Teays Valley, Danville, Madison, Hamlin, Logan, Chapmanville, Man, Delbarton, Kermit, Gilbert, Matewan, Williamson, Summersville, Richwood, Flatwoods, Gassaway, Sutton, Spencer, Ravenswood, Ripley, Mason, Point Pleasant, Ashland, Pikeville, Ironton, Portsmouth, Gallipolis, and Athens.