Massey Fails To Nix Class Action Over Toxic Coal Dust

Law360, New York (February 18, 2011, 5:47 PM EST) -- A West Virginia judge has refused to grant Massey Energy Co. summary judgment in a medical monitoring class action accusing the company of exposing elementary school students to toxic coal dust.

During a hearing Thursday, Judge Harry Kirkpatrick III rejected Massey's motion despite his concerns about the scientific complexity of the evidence plaintiffs plan to present to the jury when the long-awaited trial begins on March 14, an attorney for the plaintiffs confirmed Friday.

"I appreciate the guidance the judge gave me about simplifying the scientific...
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