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The Price of Justice: Death, Corruption, and an Epic Fight Against America's Most Powerful Coal Baron
A nonfiction legal thriller that traces the fourteen-year struggle of two lawyers to bring the most powerful coal baron in American history, Don Blankenship, to justice
Don Blankenship, head of Massey Energy since the early 1990s, ran an industry that provides nearly half of America's electric power. But wealth and influence weren't enough for Blankenship and his company, as they set about destroying corporate and personal rivals, challenging the Constitution, purchasing the West Virginia judiciary, and willfully disregarding safety standards in the company's mines—in which scores died unnecessarily.
As Blankenship hobnobbed with a West Virginia Supreme Court justice in France, his company polluted the drinking water of hundreds of citizens while he himself fostered baroque vendettas against anyone who dared challenge his sovereignty over coal country. Just about the only thing that stood in the way of Blankenship's tyranny over a state and an industry was a pair of odd-couple attorneys, Dave Fawcett and Bruce Stanley, who undertook a legal quest to bring justice to this corner of America. From the backwoods courtrooms of West Virginia they pursued their case all the way to the U.S. Supreme Court, and to a dramatic decision declaring that the wealthy and powerful are not entitled to purchase their own brand of law.
The Price of Justice is a story of corporate corruption so far-reaching and devastating it could have been written a hundred years ago by Ida Tarbell or Lincoln Steffens. And as Laurence Leamer demonstrates in this captivating tale, because it's true, it's scarier than fiction.
http://us.macmillan.com/thepriceofjus...
Don Blankenship, head of Massey Energy since the early 1990s, ran an industry that provides nearly half of America's electric power. But wealth and influence weren't enough for Blankenship and his company, as they set about destroying corporate and personal rivals, challenging the Constitution, purchasing the West Virginia judiciary, and willfully disregarding safety standards in the company's mines—in which scores died unnecessarily.
As Blankenship hobnobbed with a West Virginia Supreme Court justice in France, his company polluted the drinking water of hundreds of citizens while he himself fostered baroque vendettas against anyone who dared challenge his sovereignty over coal country. Just about the only thing that stood in the way of Blankenship's tyranny over a state and an industry was a pair of odd-couple attorneys, Dave Fawcett and Bruce Stanley, who undertook a legal quest to bring justice to this corner of America. From the backwoods courtrooms of West Virginia they pursued their case all the way to the U.S. Supreme Court, and to a dramatic decision declaring that the wealthy and powerful are not entitled to purchase their own brand of law.
The Price of Justice is a story of corporate corruption so far-reaching and devastating it could have been written a hundred years ago by Ida Tarbell or Lincoln Steffens. And as Laurence Leamer demonstrates in this captivating tale, because it's true, it's scarier than fiction.
http://us.macmillan.com/thepriceofjus...
320 pages, Kindle Edition
First published April 30, 2013
46 people are currently reading
876 people want to read
About the author
Laurence Leamer
36 books266 followersLaurence Leamer is an award-winning journalist and historian who has written eighteen books including five New York Times bestsellers. He has worked in a factory in France, a coal mine in West Virginia and as a Peace Corps volunteer in a remote village in Nepal two days from a road. He has written two novels and an off Broadway play but is primarily known for his nonfiction. His most recent book, Capote's Women, is being made into an eight-part series starring Naomi Watts, Diane Lane, Calista Flockhart, and Demi Moore.
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Displaying 1 - 30 of 69 reviews
May 15, 2013
When I first requested this book from LibraryThing I thought it sounded interesting, and once I picked it up, I didn't realize just how blah a word "interesting" would come to be in this case. That cliché about not being able to put the book down was absolutely true for me. I'll get right to the point and say that this is one of the most outstanding books I've read this year. It reads much like a legal thriller, but this story of corporate greed, judicial and political corruption, and sheer, unmitigated disregard for human life in return for one man's drive for greater profit in the coal industry is all too real.
While there are several issues covered in this work of investigative journalism, at the heart of this story is the question of whether or not corporations should be allowed to fund the very court justices who are involved in rulings involving the corporation, followed by the correctness in allowing the justice in question to remain as a judge. In this instance, it all started with a verdict handed down by a West Virginia court in the case of Caperton v. Massey Coal Company. Mr. Caperton had sued Massey because it had canceled its contract with Harman Mining to supply Harman with needed coal. Caperton, the owner of Harman, was severely affected by Massey's fraudulent cancellation, and his company went out of business. He found himself in huge trouble and a mounting pile of debts including miners' pension funds. His attorneys, Bruce Stanley and Dave Fawcett, worked hard to get Caperton an award for damages; Massey, headed by Don Blankenship, appealed the decision and the case was set to be ruled on by the West Virginia Supreme Court. However, before the judgment could be appealed, an election of a new WV Supreme Court Justice was underway, and Blankenship set up a nonprofit through which he was able to contribute millions to eliminate the incumbent (Warren McGraw) and bring in someone he knew would take his side in the case. Although legally not allowed to directly support his candidate of choice (Brent Benjamin), Blankenship used the money to pay for a slur campaign against McGraw. Even though Blankenship's participation in the campaign against McGraw came to light, the appeals trial continued with Benjamin as a justice, and ended up in Massey's favor. Later developments would take the case right up to the US Supreme Court, but as Leamer notes, the battle was far from over. In the meantime, Massey (and Blankenship) was allowed to continued its fraudulent practices while the utter disdain for following mandated safety and environmental measures led to tragedy among many mine workers and their families.
For several reasons the topics involved in this book struck a personal chord. I wish I could say that I was surprised at some of the blatant misdeeds going on in the courts and among politicians as outlined by Mr. Leamer in this most excellent book, but frankly, I'm not. Aside from those issues, I was also deeply disturbed by the blatant disregard that this one man in the coal industry showed for his workers and other human beings whose lives were turned upside down, ruined or extinguished by his unscrupulous business & political practices. His absolute control was backed up by threats, intimidation, money and protection from court officials and politicians who looked out for their own financial and political interests, rather than for the interests of the victims. Had the above-mentioned subjects been all there was to this book, it still would have been good, but Mr. Leamer also examines the price paid in personal terms by everyone involved on the side of obtaining justice, including the dedicated attorneys fighting this man for over 14 years.
Other reviewers of The Price of Justice have correctly noted that this book reads like a legal thriller, and while I'm not a huge fan of that genre, the book kept me turning pages until the very end. Definitely and highly recommended -- absolutely one of the best books I've read this year.
While there are several issues covered in this work of investigative journalism, at the heart of this story is the question of whether or not corporations should be allowed to fund the very court justices who are involved in rulings involving the corporation, followed by the correctness in allowing the justice in question to remain as a judge. In this instance, it all started with a verdict handed down by a West Virginia court in the case of Caperton v. Massey Coal Company. Mr. Caperton had sued Massey because it had canceled its contract with Harman Mining to supply Harman with needed coal. Caperton, the owner of Harman, was severely affected by Massey's fraudulent cancellation, and his company went out of business. He found himself in huge trouble and a mounting pile of debts including miners' pension funds. His attorneys, Bruce Stanley and Dave Fawcett, worked hard to get Caperton an award for damages; Massey, headed by Don Blankenship, appealed the decision and the case was set to be ruled on by the West Virginia Supreme Court. However, before the judgment could be appealed, an election of a new WV Supreme Court Justice was underway, and Blankenship set up a nonprofit through which he was able to contribute millions to eliminate the incumbent (Warren McGraw) and bring in someone he knew would take his side in the case. Although legally not allowed to directly support his candidate of choice (Brent Benjamin), Blankenship used the money to pay for a slur campaign against McGraw. Even though Blankenship's participation in the campaign against McGraw came to light, the appeals trial continued with Benjamin as a justice, and ended up in Massey's favor. Later developments would take the case right up to the US Supreme Court, but as Leamer notes, the battle was far from over. In the meantime, Massey (and Blankenship) was allowed to continued its fraudulent practices while the utter disdain for following mandated safety and environmental measures led to tragedy among many mine workers and their families.
For several reasons the topics involved in this book struck a personal chord. I wish I could say that I was surprised at some of the blatant misdeeds going on in the courts and among politicians as outlined by Mr. Leamer in this most excellent book, but frankly, I'm not. Aside from those issues, I was also deeply disturbed by the blatant disregard that this one man in the coal industry showed for his workers and other human beings whose lives were turned upside down, ruined or extinguished by his unscrupulous business & political practices. His absolute control was backed up by threats, intimidation, money and protection from court officials and politicians who looked out for their own financial and political interests, rather than for the interests of the victims. Had the above-mentioned subjects been all there was to this book, it still would have been good, but Mr. Leamer also examines the price paid in personal terms by everyone involved on the side of obtaining justice, including the dedicated attorneys fighting this man for over 14 years.
Other reviewers of The Price of Justice have correctly noted that this book reads like a legal thriller, and while I'm not a huge fan of that genre, the book kept me turning pages until the very end. Definitely and highly recommended -- absolutely one of the best books I've read this year.
May 11, 2016
I know this is bit of a niche book that’s likely to have little in the way of a "broad audience," but it’s about a topic that’s actually pretty close to my heart. I grew up in Ohio, but my entire family has roots in West Virginia. My hometown is so close to the state line that my “local” TV news was actually based out of Huntington and Charleston, so I was often a little more aware of West Virginian happenings than I was of my actual home state. And though I claim to be a little bit of both, I have to admit that the place I grew up leans a little more Appalachian than Midwest.
So I’ve always cared about West Virginia, and I get really mad when people shit on the state just to shit on it. I know the place has a lot of issues, but most of the people shitting on it don’t understand much about the state. As Leamer—a DC-based journalist—points out, “Many people view West Virginians as another people, remote and distant, unworthy of concern.” And that’s a shame, I think, because so many of the problems that plague the state could really benefit from some legitimate national attention. In fact, Leamer demonstrates that pretty well.
So this book is about a legal battle against Don Blankenship and his coal company, Massey Energy. Don Blankenship is an absolutely abhorrent human, a Machiavellian, egomaniacal sociopath. He strikes me as the kind of person who watches It's a Wonderful Life and thinks it's a shame how mean everyone is to Mr. Potter. As chairman and CEO of the largest coal company in West Virginia, he was the kind of businessman who would do anything if it meant profits and would destroy anyone who even placed a toenail in his way. The fact that he isn’t rotting in jail is a travesty.
The legal case here began when Massey used unfair business practices to force a smaller coal company into bankruptcy. The owner of the smaller coal company sued Massey and won a $50 million settlement that of course Massey appealed. Before the case went before the appellate court, Blankenship funded the campaign of a judge he knew would be friendlier to him than the incumbent he was running against. That judge refused to recuse himself when the case finally did come before the court and, naturally, Massey won the appeal. The decision was so obviously biased that it ended up before the US Supreme Court in 2010, Caperton v. Massey.
The whole thing so wacky and absurd that when John Grisham wrote a novel based on the situation and went on the Today show to promote it, Matt Lauer asked him if it was a little far-fetched. "No," Grishm said, "it's actually happening in West Virginia."
Despite the fact that the legalese and the business technicalities could be a bit dense, I liked this book and I very much appreciate what it was trying to do. But it sometimes felt like Leamer was playing up the down-home West Virginia stereotypes -- the number of times he referred to a "hollow" irritated me. It also felt a little like he had an axe to grind against Blankenship. I completely agree with that direction that axe is pointed, but I worried a little that he wasn't being quite as objective as he needed to be in order to effectively make his arguments. Finally, I think he published this book far too soon; the criminal indictments for the Upper Big Branch Mine explosion are still playing out as I write this review and I think that information should have been included in here.
Still, this book is worth a read, simply because it shines a light on just how corrupt our legal system can be. When there's so much money at stake and when it's all about whose back can be scratched by whom, is it possible to obtain true, unbiased "justice"? It's all pretty disheartening. The worst part is that Massey continued using the same shady practices to intentionally harm other companies, even while fighting this case. The lawyers who fought Caperton have both sued Massey -- together and individually -- multiple times, and very little changed until 29 miners died. Even then, not that much has changed. The same symptoms have allowed other companies to run amok in West Virginia. There's very little national coverage because who cares that a bunch of hillbillies have no drinking water? Who cares that companies deny for years that they've knowingly given a bunch of hillbillies cancer? Without that kind of attention, West Virginia will continue to suffer, and that breaks my heart because those are my friends and my family, their friends and their families.
So I’ve always cared about West Virginia, and I get really mad when people shit on the state just to shit on it. I know the place has a lot of issues, but most of the people shitting on it don’t understand much about the state. As Leamer—a DC-based journalist—points out, “Many people view West Virginians as another people, remote and distant, unworthy of concern.” And that’s a shame, I think, because so many of the problems that plague the state could really benefit from some legitimate national attention. In fact, Leamer demonstrates that pretty well.
So this book is about a legal battle against Don Blankenship and his coal company, Massey Energy. Don Blankenship is an absolutely abhorrent human, a Machiavellian, egomaniacal sociopath. He strikes me as the kind of person who watches It's a Wonderful Life and thinks it's a shame how mean everyone is to Mr. Potter. As chairman and CEO of the largest coal company in West Virginia, he was the kind of businessman who would do anything if it meant profits and would destroy anyone who even placed a toenail in his way. The fact that he isn’t rotting in jail is a travesty.
The legal case here began when Massey used unfair business practices to force a smaller coal company into bankruptcy. The owner of the smaller coal company sued Massey and won a $50 million settlement that of course Massey appealed. Before the case went before the appellate court, Blankenship funded the campaign of a judge he knew would be friendlier to him than the incumbent he was running against. That judge refused to recuse himself when the case finally did come before the court and, naturally, Massey won the appeal. The decision was so obviously biased that it ended up before the US Supreme Court in 2010, Caperton v. Massey.
The whole thing so wacky and absurd that when John Grisham wrote a novel based on the situation and went on the Today show to promote it, Matt Lauer asked him if it was a little far-fetched. "No," Grishm said, "it's actually happening in West Virginia."
Despite the fact that the legalese and the business technicalities could be a bit dense, I liked this book and I very much appreciate what it was trying to do. But it sometimes felt like Leamer was playing up the down-home West Virginia stereotypes -- the number of times he referred to a "hollow" irritated me. It also felt a little like he had an axe to grind against Blankenship. I completely agree with that direction that axe is pointed, but I worried a little that he wasn't being quite as objective as he needed to be in order to effectively make his arguments. Finally, I think he published this book far too soon; the criminal indictments for the Upper Big Branch Mine explosion are still playing out as I write this review and I think that information should have been included in here.
Still, this book is worth a read, simply because it shines a light on just how corrupt our legal system can be. When there's so much money at stake and when it's all about whose back can be scratched by whom, is it possible to obtain true, unbiased "justice"? It's all pretty disheartening. The worst part is that Massey continued using the same shady practices to intentionally harm other companies, even while fighting this case. The lawyers who fought Caperton have both sued Massey -- together and individually -- multiple times, and very little changed until 29 miners died. Even then, not that much has changed. The same symptoms have allowed other companies to run amok in West Virginia. There's very little national coverage because who cares that a bunch of hillbillies have no drinking water? Who cares that companies deny for years that they've knowingly given a bunch of hillbillies cancer? Without that kind of attention, West Virginia will continue to suffer, and that breaks my heart because those are my friends and my family, their friends and their families.
April 25, 2013
(Full disclosure: I received an advance copy of this book via a Goodreads Givewaway.)
In riveting, fast-paced prose, Laurence Leamer's The Price of Justice recounts the saga of Caperton v. Massey, an epic legal battle that began in the coal fields of West Virginia and ended (in 2009) at the United States Supreme Court. A seasoned writer, Leamer does a remarkable job in briskly chronicling this long, complex legal battle. A less elegant book might have gotten bogged down the minutiae of the legal proceedings, but The Price of Justice holds the reader's attention by telling the story in dramatic, human terms. It's a page-turner in the best possible sense of that term, and I can't recommend it enough.
In riveting, fast-paced prose, Laurence Leamer's The Price of Justice recounts the saga of Caperton v. Massey, an epic legal battle that began in the coal fields of West Virginia and ended (in 2009) at the United States Supreme Court. A seasoned writer, Leamer does a remarkable job in briskly chronicling this long, complex legal battle. A less elegant book might have gotten bogged down the minutiae of the legal proceedings, but The Price of Justice holds the reader's attention by telling the story in dramatic, human terms. It's a page-turner in the best possible sense of that term, and I can't recommend it enough.
December 26, 2024
Read non-fiction Kindle book by award winning
journalist & historian Laurence Leamer (hereafter
'Leamer'). Gave this 4 stars.
Leamer noted "Over 100K American miners have
died in the pursuit of coal, a death toll higher than
the combined losses in the Korean and Vietnam wars."
(pg. 7)
Kudos to the attorneys + plaintiffs who challenged
in court Massey coal co. who put profits ahead of
mine safety. The 2 main attorneys for the plaintiffs
were David Fawcett & Bruce Stanley. Both eventually
worked for Reed Smith, one of the largest law firms
in the world. Whose HQ was in Pittsburgh. Don
Blakenship, CEO of Massey & subsidiaries did not
want to give an inch, didn't want to admit any mistakes.
Leamer covered several court cases in this story.
A mine co. owner, Hugh Caperton, who lost his
mine b/c Don invoked "force majeure." Meaning
per their contract "acts of God, ie floods, tornado
damage, epidemics etc." But Don used the coke
plant shutting down the reason he needed less &
less of Hugh's coal. VS Don's co. received more $
from another co. who needed coal (US Steel co.)
Coal made into (industrial) coke+ iron ore= steel.
The other cases were: 2 widows who lost their
men in a mine accident, 29 miners who died in a
mine fire, & lastly, Don allegedly ordered abandoned
mines, filled w/ coal refuge/ chemicals called slurry
resulting in seeping into ground water and wells &
then resulting in unsafe drinking water/ other uses.
Scientists tested the water & health care followed/
treated adverse health effects. This unsafe water
& health emergency could've been prevented.
Caperton was awarded $6M in his Virginia ct case
& $50 M in West Virginia court. Don kept his
attorneys busy delaying + appealing these cases.
Caperton saw little of this money. Caperton's
case made it to the US Supreme Court. They
ruled on whether a W. Va. Supreme Ct. appellate
judge should've recused himself from Caperton's
case? Because Don pd $2M to win the judge his
seat. (Actually 2 of the appellate judges should've
recused themselves b/c of their too close relation-
ship w/ Don.)
The most poignant moment was a miner who
testified about Upper Big Branch mine where 29
souls died. John Brown stated the hose & valve
were unable to couple & the water was on- but
had no pressure. SCSR device intended to guard
miners from smoke, when placed correctly "felt
like drinking gasoline." The feds required miners
have mandatory mine fire drills 6 x per yr. All
miners were pressured to sign off when they
never received such training. John said he worked
a 15 hour shift.
What role did fed. mine inspectors from MSHA play?
Did they look the other way at safety violations?
Per Don's Wikipedia profile, he served 1 year in
prison for insufficient mine safety when he'd been
Massey's CEO. Another co. took over Massey about
the time Don retired from the co. Reportedly he
was a consultant for them x 2yrs after he retired.
journalist & historian Laurence Leamer (hereafter
'Leamer'). Gave this 4 stars.
Leamer noted "Over 100K American miners have
died in the pursuit of coal, a death toll higher than
the combined losses in the Korean and Vietnam wars."
(pg. 7)
Kudos to the attorneys + plaintiffs who challenged
in court Massey coal co. who put profits ahead of
mine safety. The 2 main attorneys for the plaintiffs
were David Fawcett & Bruce Stanley. Both eventually
worked for Reed Smith, one of the largest law firms
in the world. Whose HQ was in Pittsburgh. Don
Blakenship, CEO of Massey & subsidiaries did not
want to give an inch, didn't want to admit any mistakes.
Leamer covered several court cases in this story.
A mine co. owner, Hugh Caperton, who lost his
mine b/c Don invoked "force majeure." Meaning
per their contract "acts of God, ie floods, tornado
damage, epidemics etc." But Don used the coke
plant shutting down the reason he needed less &
less of Hugh's coal. VS Don's co. received more $
from another co. who needed coal (US Steel co.)
Coal made into (industrial) coke+ iron ore= steel.
The other cases were: 2 widows who lost their
men in a mine accident, 29 miners who died in a
mine fire, & lastly, Don allegedly ordered abandoned
mines, filled w/ coal refuge/ chemicals called slurry
resulting in seeping into ground water and wells &
then resulting in unsafe drinking water/ other uses.
Scientists tested the water & health care followed/
treated adverse health effects. This unsafe water
& health emergency could've been prevented.
Caperton was awarded $6M in his Virginia ct case
& $50 M in West Virginia court. Don kept his
attorneys busy delaying + appealing these cases.
Caperton saw little of this money. Caperton's
case made it to the US Supreme Court. They
ruled on whether a W. Va. Supreme Ct. appellate
judge should've recused himself from Caperton's
case? Because Don pd $2M to win the judge his
seat. (Actually 2 of the appellate judges should've
recused themselves b/c of their too close relation-
ship w/ Don.)
The most poignant moment was a miner who
testified about Upper Big Branch mine where 29
souls died. John Brown stated the hose & valve
were unable to couple & the water was on- but
had no pressure. SCSR device intended to guard
miners from smoke, when placed correctly "felt
like drinking gasoline." The feds required miners
have mandatory mine fire drills 6 x per yr. All
miners were pressured to sign off when they
never received such training. John said he worked
a 15 hour shift.
What role did fed. mine inspectors from MSHA play?
Did they look the other way at safety violations?
Per Don's Wikipedia profile, he served 1 year in
prison for insufficient mine safety when he'd been
Massey's CEO. Another co. took over Massey about
the time Don retired from the co. Reportedly he
was a consultant for them x 2yrs after he retired.
April 5, 2013
A very well written and thoroughly researched account of two lawyers, David Fawcett III and Bruce Stanley, who stood up to Don Blankenship, the head of Massey Energy. Blankenship's business practices were questionable and it came to light when Hugh Caperton, the owner of Harman Mining, was destroyed and went bankrupt because of him. Throughout the trial, Blankenship's negligence also was detected when there were many deaths in the coal mines directly related to the disregard of safety measures that were suppose to be applied. The two lawyers fought Blankenship all the way up to the U.S. Supreme Court.
This book was very interesting and I really enjoyed it. The determination of these two men to fight for what they felt was right was very inspiring. I really liked that there was a cast of characters in the beginning of the book. There were so many people introduced in this book that the cast really helped me keep straight who was who.
I received a copy of this book for free through Goodreads First Reads.
This book was very interesting and I really enjoyed it. The determination of these two men to fight for what they felt was right was very inspiring. I really liked that there was a cast of characters in the beginning of the book. There were so many people introduced in this book that the cast really helped me keep straight who was who.
I received a copy of this book for free through Goodreads First Reads.
June 7, 2013
For over fifteen years, in courtrooms small and large, a slurry of lawsuits centered on the actions of a larger-than-life CEO of a large coal company. The Price of Justice chronicles this real-life drama through the perspective of the two prosecuting attorneys who spent countless hours in their pursuit to bring Don Blankenship to justice. The lawyers worked to show through the stories of victims who came forward over the years what can happen when a company gets too big and when a leader becomes too powerful. In trying to bring about justice for their clients, the lawyers uncovered corruption among judges. The discovery of judicial corruption elevated this case to the Supreme Court of the United States. For those who love crime fiction, such as The Appeal by John Grisham, this is a must read, due not only to the page-turning events of the various cases taken on by the attorneys but also by the fact that the lawsuits, the actions, and the people introduced in the narrative are real.
July 12, 2013
A gripping legal thriller that is not only compelling but important. This book captures a critical piece of recent history in a saga that is continuing in the courts. Superb reporting and writing.
July 11, 2021
3.5 stars
This book follows the legal challenges around Massey Coal in West Virginia and its controversial owner Don Blankenship and his attempts to buy victory through campaign contributions for a new justice to the West Virginia Supreme Court.
This book is largely around the civil cases against Massey Coal when it bankrupted a competitor in 2001. But around the time of research for this book in 2010 there was a tragic mining disaster at a Massey mine that killed dozens.
So the author tries to weave these two stories into the book. So on one hand it covers (very well) the legal and appeals minutia of the civil case and then tries to cover this unrelated mining disaster (largely unsuccessfully).
The civil case made its way to the US Supreme Court which ruled in a landmark case (Caperton v. Massey) for the plaintiff. It said essentially that any significant campaign contributions should lead judges to recuse themselves from cases involving the campaign donor (the defendant Massey) especially for cases already in the legal pipeline. Sadly it only meant that the case was sent back to West Virginia where the compromised judge was replaced for that case. So instead of a narrow 3-2 loss the plaintiff now lost 4-1 because the court had become even more conservative.
Leamer is an excellent writer but I felt there was too much courtroom coverage here and not enough attention paid to the unrelated mining tragedy.
This book follows the legal challenges around Massey Coal in West Virginia and its controversial owner Don Blankenship and his attempts to buy victory through campaign contributions for a new justice to the West Virginia Supreme Court.
This book is largely around the civil cases against Massey Coal when it bankrupted a competitor in 2001. But around the time of research for this book in 2010 there was a tragic mining disaster at a Massey mine that killed dozens.
So the author tries to weave these two stories into the book. So on one hand it covers (very well) the legal and appeals minutia of the civil case and then tries to cover this unrelated mining disaster (largely unsuccessfully).
The civil case made its way to the US Supreme Court which ruled in a landmark case (Caperton v. Massey) for the plaintiff. It said essentially that any significant campaign contributions should lead judges to recuse themselves from cases involving the campaign donor (the defendant Massey) especially for cases already in the legal pipeline. Sadly it only meant that the case was sent back to West Virginia where the compromised judge was replaced for that case. So instead of a narrow 3-2 loss the plaintiff now lost 4-1 because the court had become even more conservative.
Leamer is an excellent writer but I felt there was too much courtroom coverage here and not enough attention paid to the unrelated mining tragedy.
June 21, 2013
This is an excellent book about corruption in the coal mining industry, and a few brave souls who dared to stand against it. Although a true story, the book reads very much like a novel. The writing is mostly crisp and fresh and face-paced.
In the interest of full-disclosure, it must be noted that I am personally acquainted with one of the lawyers named, David Fawcett. With that said, the major flaws I find in the book involve the author's description of him and of his relationship with his father. His late father was a true gentleman of the law, and their relationship was closer than the reader is led to believe. Additionally, anyone who knows David Fawcett and his skills as a lawyer should be offended by the stilted description of him as being slow on his feet, and unable to swiftly match wits with others in the courtroom.
The meat of the story, however, is moving and rings very true. The corruption in the coal mining industry is believable, and the overflow into the legal system of such corruption is sadly too familiar. What is more unique is the willingness and effort of members of large law firms to stand against such corruption, rather than participating in it. The wheels of the law grind slowly. It takes great courage and stamina to stay the course and to face steep odds against you. That courage is compellingly recounted for attorneys Dave Fawcett and Bruce Stanley, as well as former coal executive, Hugh Caperton.
These three men strive heroically against the entrenched power of Don Blankenship and the A.T. Massey Coal Company in a fight to serve justice, rather than private greed. When opposing the established power in a region, you must fight not only to present the truth and facts, but to overcome the fear and prejudice of those that are held in thrall by the reigning power. Those holding power also have tremendous political influence which weights the scales of justice against all who oppose them.
Don Blankenship was not content, however, to rely solely upon his past victories and reputation; he also sought to directly influence those who are supposed to be the servants of justice. To that end, he spent enormous amounts of money to influence a judicial election, resulting in a precedent-setting United States Supreme Court opinion. It is to their credit that Fawcett, Stanley and Caperton persevered to take the case all the way to the Supreme Court. It is an even sadder commentary, however, that corruption can still prevail even in the face of a chastisement by the highest court in the land.
Integrity should never be for sale. When it is, as this book movingly demonstrates, the Price of Justice may demand everything from you.
In the interest of full-disclosure, it must be noted that I am personally acquainted with one of the lawyers named, David Fawcett. With that said, the major flaws I find in the book involve the author's description of him and of his relationship with his father. His late father was a true gentleman of the law, and their relationship was closer than the reader is led to believe. Additionally, anyone who knows David Fawcett and his skills as a lawyer should be offended by the stilted description of him as being slow on his feet, and unable to swiftly match wits with others in the courtroom.
The meat of the story, however, is moving and rings very true. The corruption in the coal mining industry is believable, and the overflow into the legal system of such corruption is sadly too familiar. What is more unique is the willingness and effort of members of large law firms to stand against such corruption, rather than participating in it. The wheels of the law grind slowly. It takes great courage and stamina to stay the course and to face steep odds against you. That courage is compellingly recounted for attorneys Dave Fawcett and Bruce Stanley, as well as former coal executive, Hugh Caperton.
These three men strive heroically against the entrenched power of Don Blankenship and the A.T. Massey Coal Company in a fight to serve justice, rather than private greed. When opposing the established power in a region, you must fight not only to present the truth and facts, but to overcome the fear and prejudice of those that are held in thrall by the reigning power. Those holding power also have tremendous political influence which weights the scales of justice against all who oppose them.
Don Blankenship was not content, however, to rely solely upon his past victories and reputation; he also sought to directly influence those who are supposed to be the servants of justice. To that end, he spent enormous amounts of money to influence a judicial election, resulting in a precedent-setting United States Supreme Court opinion. It is to their credit that Fawcett, Stanley and Caperton persevered to take the case all the way to the Supreme Court. It is an even sadder commentary, however, that corruption can still prevail even in the face of a chastisement by the highest court in the land.
Integrity should never be for sale. When it is, as this book movingly demonstrates, the Price of Justice may demand everything from you.
July 4, 2013
If this was a mystery you might think the author's imagination was too creative. In fact this is a real story - a very long one - with many twists and turns. Ostensibly this is about legal attempts to curtail the machinations of Don Blankenship, CEO of Massey Energy. But this is also a story of the US legal system and why so many issues linger in the courts and why injustices are common. The author has been a frequent interview guest but this does not take away from the actual story of two lawyers attempts to get justice for their clients. It also explains what it takes to get a case before the Supreme Court.
August 13, 2013
Reading as part of our Gold 'n' Bluestockings/WV Reads 150 book group.
This is nearly impossible to review. I know a number of the central characters, a couple fairly well. I was one of the (many) lawyers in one of the cases discussed near the end. I agreed with parts, disagreed with parts, and thought it was all very well-written, if very one sided (which, to be fair, is made clear from the title).
And I shall say no more.
This is nearly impossible to review. I know a number of the central characters, a couple fairly well. I was one of the (many) lawyers in one of the cases discussed near the end. I agreed with parts, disagreed with parts, and thought it was all very well-written, if very one sided (which, to be fair, is made clear from the title).
And I shall say no more.
June 21, 2018
It isn't the author's fault that the book was published BEFORE Don Blankenship went to prison, but there is something that somehow feels unsatisfying about the resolution, or lack thereof.
That said, the book is extremely well written, and functions beautifully as a piece of political agitprop regarding the swamp of West Virginia politics.
It's a very interesting and engaging book, and yet because it's real life, didn't have the ending I was hoping for.
That said, the book is extremely well written, and functions beautifully as a piece of political agitprop regarding the swamp of West Virginia politics.
It's a very interesting and engaging book, and yet because it's real life, didn't have the ending I was hoping for.
September 12, 2013
READ THIS BOOK!!
There are many excellent, comprehensive reviews- so, my 2 cents worth is a series of superlative adjectives: compelling, gripping, hopeful, despairing and joyous, dark, almost unbelievable, and extremely well written. I now have two more heroes on my Appalachian Mountains list: Dave Fawcett and Bruce Stanley.
There are many excellent, comprehensive reviews- so, my 2 cents worth is a series of superlative adjectives: compelling, gripping, hopeful, despairing and joyous, dark, almost unbelievable, and extremely well written. I now have two more heroes on my Appalachian Mountains list: Dave Fawcett and Bruce Stanley.
June 7, 2013
This was a riveting book and an important book in that it highlights a case of outrageous corporate abuse of money and power and these two lawyers' quest to hold the CEO of Massey Energy accountable for his actions through our court system.
July 21, 2013
This is a legal thriller about greed and corruption. Unfortunately, it is a true account of events I followed with horror as they were happening. Well written fast paced narrative about the control exercised by the coal industry in West Virginia.
June 16, 2013
As compelling as any nonfiction story of years of court battles could possibly be. Leamer creates characters the reader really cares about. Anyone who doesn't understand how our judicial system really works is in for an eye opener. Highly recommend this one,
July 6, 2013
Extremely well-written account of the way that justice is for sale in our country. If this doesn't wake us up to the abuses of power that still exist in this country, I don't know what will. Highly recommended read for everyone.
January 21, 2025
Laurence Leamer’s “The Price of Justice” isn’t just another narrtive non-fic legal thriller; it’s a grim dispatch from the forgotten heartland, a masterfully reported autopsy of what happens when raw, unapologetic power collides with the dwindling forces of accountability. The book, centered on the protracted, almost operatic battle to bring coal magnate Don Blankenship to heel, reads like a slow-motion car crash you can’t look away from – one where the victims are the already beleaguered working class of upper Appalachia.
Blankenship, the outsized, almost cartoonishly villainous former CEO of Massey Energy, emerges as a textbook case study in the rot of unchecked capitalism. Leamer meticulously chronicles the two-decade-long odyssey of two Pittsburgh lawyers who dared to challenge this modern-day robber baron, beginning with the seemingly straightforward case of Massey v. Caperton. This wasn’t some nuanced legal argument over intellectual property; it was, at its core, about a corporate behemoth squeezing a smaller player into oblivion, deploying every legal and financial trick in the book (and likely a few that weren’t). Blankenship, it seems, operated under the assumption that his wealth was an impenetrable shield, a get-out-of-jail-free card for any and all transgressions.
But “The Price of Justice” isn’t just about one particularly aggressive CEO. It’s a searing indictment of the broader societal forces that allowed a figure like Blankenship to flourish. Leamer, with an insider’s eye for the nuances of the region, lays bare the brutal realities of “coal country” – communities where desperation and a sense of abandonment have become the norm. Decades of deindustrialization, the gutting of union power, and a creeping feeling of being left behind by the coastal elites created a perfect storm, leaving working-class families vulnerable to exploitation and increasingly receptive to simplistic, often nativist, narratives.
The book doesn't shy away from the messy political realities of West Virginia's dramatic rightward lurch. It’s a story familiar to anyone watching the decimation of the Democratic party in rural America: the slow erosion of traditional loyalties, the allure of cultural conservatism for a population feeling economically adrift, and the potent (and often cynical) messaging that painted Democrats as both job-killing environmentalists and out-of-touch progressives. This realignment, Leamer argues, provided the very ground on which Blankenship could operate with such apparent impunity.
The saga of Massey v. Caperton takes a particularly dark turn as it reaches the West Virginia Supreme Court. Here, Leamer paints a disturbing picture of how easily the scales of justice can be tipped by the sheer weight of money. Blankenship’s brazen decision to pour millions into the election campaign of a state supreme court justice – a justice who would then refuse to recuse himself from Blankenship’s case – becomes a chilling example of the corrosive influence of campaign finance. It’s a stark reminder that the independence of the judiciary, a cornerstone of any functioning democracy, is constantly under threat.
But Leamer doesn’t let Blankenship’s machinations stand alone. He widens the lens to include the tragic consequences of Massey’s practices: the deaths of miners due to alleged safety violations, the poisoning of a town’s water supply by toxic coal slurry. These aren’t just legal footnotes; they are the human cost of a corporate culture that prioritized profit over people, enabled by a system that seemed unwilling or unable to hold the powerful accountable.
“The Price of Justice” ultimately becomes a question: What price, indeed? What is the cost – both financial and moral – of allowing powerful individuals and corporations to operate with such apparent disregard for the rules? Leamer’s book isn’t a feel-good story; it’s a sobering, meticulously detailed account of a battle fought against seemingly insurmountable odds in a part of America that often feels forgotten. It’s a vital, if depressing, read for anyone trying to understand the deep currents of power and inequality shaping our political landscape, and a stark reminder that the fight for justice, particularly in the face of entrenched wealth, is often a long, grueling, and sometimes heartbreaking one.
Blankenship, the outsized, almost cartoonishly villainous former CEO of Massey Energy, emerges as a textbook case study in the rot of unchecked capitalism. Leamer meticulously chronicles the two-decade-long odyssey of two Pittsburgh lawyers who dared to challenge this modern-day robber baron, beginning with the seemingly straightforward case of Massey v. Caperton. This wasn’t some nuanced legal argument over intellectual property; it was, at its core, about a corporate behemoth squeezing a smaller player into oblivion, deploying every legal and financial trick in the book (and likely a few that weren’t). Blankenship, it seems, operated under the assumption that his wealth was an impenetrable shield, a get-out-of-jail-free card for any and all transgressions.
But “The Price of Justice” isn’t just about one particularly aggressive CEO. It’s a searing indictment of the broader societal forces that allowed a figure like Blankenship to flourish. Leamer, with an insider’s eye for the nuances of the region, lays bare the brutal realities of “coal country” – communities where desperation and a sense of abandonment have become the norm. Decades of deindustrialization, the gutting of union power, and a creeping feeling of being left behind by the coastal elites created a perfect storm, leaving working-class families vulnerable to exploitation and increasingly receptive to simplistic, often nativist, narratives.
The book doesn't shy away from the messy political realities of West Virginia's dramatic rightward lurch. It’s a story familiar to anyone watching the decimation of the Democratic party in rural America: the slow erosion of traditional loyalties, the allure of cultural conservatism for a population feeling economically adrift, and the potent (and often cynical) messaging that painted Democrats as both job-killing environmentalists and out-of-touch progressives. This realignment, Leamer argues, provided the very ground on which Blankenship could operate with such apparent impunity.
The saga of Massey v. Caperton takes a particularly dark turn as it reaches the West Virginia Supreme Court. Here, Leamer paints a disturbing picture of how easily the scales of justice can be tipped by the sheer weight of money. Blankenship’s brazen decision to pour millions into the election campaign of a state supreme court justice – a justice who would then refuse to recuse himself from Blankenship’s case – becomes a chilling example of the corrosive influence of campaign finance. It’s a stark reminder that the independence of the judiciary, a cornerstone of any functioning democracy, is constantly under threat.
But Leamer doesn’t let Blankenship’s machinations stand alone. He widens the lens to include the tragic consequences of Massey’s practices: the deaths of miners due to alleged safety violations, the poisoning of a town’s water supply by toxic coal slurry. These aren’t just legal footnotes; they are the human cost of a corporate culture that prioritized profit over people, enabled by a system that seemed unwilling or unable to hold the powerful accountable.
“The Price of Justice” ultimately becomes a question: What price, indeed? What is the cost – both financial and moral – of allowing powerful individuals and corporations to operate with such apparent disregard for the rules? Leamer’s book isn’t a feel-good story; it’s a sobering, meticulously detailed account of a battle fought against seemingly insurmountable odds in a part of America that often feels forgotten. It’s a vital, if depressing, read for anyone trying to understand the deep currents of power and inequality shaping our political landscape, and a stark reminder that the fight for justice, particularly in the face of entrenched wealth, is often a long, grueling, and sometimes heartbreaking one.
February 2, 2021
As portrayed in ‘The Price of Justice’ the coal baron Donald Blankenship could be the poster boy for the evils of unbridled capitalism. His venal buddies in the state’s judicial system also highlight a form of corruption that makes a mockery of what Lady Justice represents. It is a story about greed, arrogance, and abuse of power. The setting is in the coal country of our nation’s second poorest state West Virginia. Its industrial and political leaders aggressively guarded big coal manufacturers even over the detriment of the employees and local citizens. As one of the lawyers representing the plaintiff states, “Nobody’s nastier than people fighting over money.”
‘The Price of Justice’ moves along at a nice pace. I was expecting a book similar to Jonathan Farr’s excellent 1995 work ‘A Civil Action.’ That one was a water contamination case in Woburn, Massachusetts during the 1980s. Mr. Farr’s book showed how the law, financial means, and personal motivations were deeply intertwined. Law cases, especially against powerful companies, were messy, convoluted, and uncertain. I finished ‘A Civil Action’ with a more cynical view about our legal system. Mr. Leamer’s 2013 book was more of the same but also added corruption in the judiciary. Blankenship used the court system much like Donald Trump, it was a weapon to intimidate and destroy people of lesser means as well as an advertisement to the public, warning them of what was in store if they ever became Blankkenship’s enemy. The coal baron bully was feared in West Virginia for damned good reasons. The author does an effective job of fleshing out many of the people who inhabit ‘The Price of Justice.’ Some of the legal tactics used were legal but morally repulsive. Selection of state judges in West Virginia is done through public elections. At the end of each judge’s term, they must run for re-election to remain on the court. I found this a quirky way of placing supposedly impartial people on a court. I live in Maine where judges are primarily appointed by the governor with senate confirmation. They must be reappointed if they wish to serve additional terms. It appears to have worked quite well for our state. On the flip side, ‘The Price of Justice’ shows how Blankenship used the West Virginia system to place judges sympathetic towards his corrupt objectives. Less than one percent of petitions to the United States Supreme Court are ever accepted for review. Blankenship's and his cronies' awful actions cleared that high bar, found their antics before the nine justices, and altering the legal landscape. The book does not include any photographs, so I found myself searching the web quite a bit to place faces to names.
As one of the attorney’s aptly states, “(Blankenship had) a stunning disregard for the individual human life and an obsession with profit at any cost.” ‘The Price of Justice’ is another example of how bullies with enough money and political power can get away with a lot of stuff that people with lesser means never could. Mr. Leamer's book was an absorbing read but depressing. Granted, the story has examples of impassioned heroic individuals who were willing to spend years in David-versus-Goliath battles to right wrongs, but it was discouraging to see them thwarted again and again because of legal corruption or the quirks of the legal system. Their courage was admirable, but as was said towards the conclusion of the book, none would dare call this justice. Read it and weep.
‘The Price of Justice’ moves along at a nice pace. I was expecting a book similar to Jonathan Farr’s excellent 1995 work ‘A Civil Action.’ That one was a water contamination case in Woburn, Massachusetts during the 1980s. Mr. Farr’s book showed how the law, financial means, and personal motivations were deeply intertwined. Law cases, especially against powerful companies, were messy, convoluted, and uncertain. I finished ‘A Civil Action’ with a more cynical view about our legal system. Mr. Leamer’s 2013 book was more of the same but also added corruption in the judiciary. Blankenship used the court system much like Donald Trump, it was a weapon to intimidate and destroy people of lesser means as well as an advertisement to the public, warning them of what was in store if they ever became Blankkenship’s enemy. The coal baron bully was feared in West Virginia for damned good reasons. The author does an effective job of fleshing out many of the people who inhabit ‘The Price of Justice.’ Some of the legal tactics used were legal but morally repulsive. Selection of state judges in West Virginia is done through public elections. At the end of each judge’s term, they must run for re-election to remain on the court. I found this a quirky way of placing supposedly impartial people on a court. I live in Maine where judges are primarily appointed by the governor with senate confirmation. They must be reappointed if they wish to serve additional terms. It appears to have worked quite well for our state. On the flip side, ‘The Price of Justice’ shows how Blankenship used the West Virginia system to place judges sympathetic towards his corrupt objectives. Less than one percent of petitions to the United States Supreme Court are ever accepted for review. Blankenship's and his cronies' awful actions cleared that high bar, found their antics before the nine justices, and altering the legal landscape. The book does not include any photographs, so I found myself searching the web quite a bit to place faces to names.
As one of the attorney’s aptly states, “(Blankenship had) a stunning disregard for the individual human life and an obsession with profit at any cost.” ‘The Price of Justice’ is another example of how bullies with enough money and political power can get away with a lot of stuff that people with lesser means never could. Mr. Leamer's book was an absorbing read but depressing. Granted, the story has examples of impassioned heroic individuals who were willing to spend years in David-versus-Goliath battles to right wrongs, but it was discouraging to see them thwarted again and again because of legal corruption or the quirks of the legal system. Their courage was admirable, but as was said towards the conclusion of the book, none would dare call this justice. Read it and weep.
March 17, 2018
This book is so well written; it reads easily, like fiction, and I wish it were fiction. Don Blankenship has to be one of the slimiest people on the face of the earth, and Leamer outlines some of Blankenship’s worst traits and actions. What is most disconcerting is that Blankenship is now running in the Republican primary race for a seat in the US Senate. It is unfortunate that his conviction for conspiring to violate federal mine safety standards was not deemed a felony; if it had been we would be spared having to watch his run for an office that should require at least an element of respectability.
Leamer’s book outlines the lengthy battles of attorneys, first to prove Blankenship guilty of destroying mine owner Hugh Caperton, then to prove he was responsible for the deaths of two miners at Aracoma and 29 miners at Big Branch; it also tells of Blankenship’s disregard for the living conditions of anyone near his mines when he pours slurry back into abandoned mine shafts, which then seeps into local wells and water supplies.
I strongly encourage any West Virginian who plans to vote for a senator to read this book.
Leamer’s book outlines the lengthy battles of attorneys, first to prove Blankenship guilty of destroying mine owner Hugh Caperton, then to prove he was responsible for the deaths of two miners at Aracoma and 29 miners at Big Branch; it also tells of Blankenship’s disregard for the living conditions of anyone near his mines when he pours slurry back into abandoned mine shafts, which then seeps into local wells and water supplies.
I strongly encourage any West Virginian who plans to vote for a senator to read this book.
March 18, 2019
I do not often read non-fiction books. This read was appealing because it had an ongoing legal thriller aspect to it. Well-written and good pacing. One mild disappointment (necessary, of course) is that the book ended before everything happening around the cases had completed. The evil adversary, Don Blankenship for example is still free and rich. In researching what had happened to Blankenship subsequent to the end of the book, I was pleased to see that he did go to prison but only for one year and only for a misdemeanor. Following his prison sentence having been served, he entered West Virginia politics running for the US Senate. I was happy to see that he failed in the Republican primary and even though he ran on a Constitution Party platform, that effort likewise failed. The most important thing that was disclosed in the book was a US Supreme Court ruling that a judge who is ruling in any case involving someone who contributed to his or her election must recuse themselves.
October 5, 2024
I am at a loss of how to write this review. It is a difficult read. As interesting as the events are, the conclusion will leave you unsatisfied. The events in this book are true, thus making it extremely infuriating. Corporate America is ruthless, fueled by greed, corruption, and a strong disdain for the weak.
There are several villains in the story, and their no consequences faced lives would leave you dismayed.
This book gets very technical and would be difficult to follow by a layman. There is legalese and nuances of the American justice system to wade through. Although the author has done a stellar job to narrate the events, it would still not be easy to understand it.
This book would benefit from an updated edition detailing the aftermath.
There are several villains in the story, and their no consequences faced lives would leave you dismayed.
This book gets very technical and would be difficult to follow by a layman. There is legalese and nuances of the American justice system to wade through. Although the author has done a stellar job to narrate the events, it would still not be easy to understand it.
This book would benefit from an updated edition detailing the aftermath.
October 14, 2019
Just happened upon this courtroom drama based on Massey Energy and Don Blankenship. I found it both well written and fascinating. My guess is the author started the book well before the tragedy that made Massey famous. Most of the book takes place in courtrooms and it centers around how Blankenship treated other business partners. He reminded me a lot of Trump. It is always inspiring to read about every day heroes who stand up to justice. It isn't always a thrill a minute, but it is so important. I was grateful for everything I learned.
May 23, 2018
The convoluted and confusing world of the American legal system has always been an enigma for me. Though there are many excellent legal fiction writers, finding a non-fiction that can bridge the gap between legalese and fiction is very welcoming.
The legal system is still a mystery to me but Laurence Leamer does a commendable job of presenting this story so a lay-person could read it without falling asleep
The legal system is still a mystery to me but Laurence Leamer does a commendable job of presenting this story so a lay-person could read it without falling asleep
October 23, 2019
Hmm this is a story about how Greed has had a huge influence on Politics and Slowed Justice in the Coal Industry in the USA.
Surely none of this applies in other similar indusrties in Canada or throughout the world. Or does it?
Listen and figure for yourselves.
Surely none of this applies in other similar indusrties in Canada or throughout the world. Or does it?
Listen and figure for yourselves.
February 1, 2024
Growing up in the area I always knew Don Blankenship was a horrible person but this book really shines a light on it. Fascinating read and great look into the corruption and wrongdoings that he was behind.
November 2, 2017
Eh, it was interesting, but slow to read in places.
This entire review has been hidden because of spoilers.
June 3, 2018
Some heavy-handed editorializing detracted from this book's timely, important content.
September 27, 2018
Only read about 150 pages before giving up. The trial proceedings were very tedious.
February 19, 2019
Very informative however if you are not from WV it may not be as interesting.
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