An article in the October 12, 2008, edition of The New York Times focused on a high-profile case on which Buchanan Ingersoll & Rooney Litigation attorney, Dave Fawcett, has been working for more than a decade. The article, titled "U.S. Supreme Court Is Asked to Fix Troubled West Virginia Justice System," examined three cases, namely Caperton v. A.T. Massey Coal Co., which are awaiting a decision as to whether they'll be heard by the United States Supreme Court.  

Caperton v. Massey, stems from a 1998 lawsuit involving Buchanan client Hugh Caperton and Massey Energy CEO Don Blankenship. A West Virginia Court ruled in favor of Caperton; however, the verdict was later overturned by Brent Benjamin — a newly elected judge who received $3 million in campaign contributions from Blankenship.

Fawcett and his team are now attempting to bring the case in front of the U.S. Supreme Court.

According to the article, "The United States Supreme Court is likely to announce this week whether it will hear the first of the cases, about whether the Constitution's due process clause requires Justice Benjamin to step aside in the $50 million Massey case."

The article also pointed out that the case "has attracted supporting briefs from the American Bar Association and several other groups urging the court to hear the case."