A West Virginia Supreme Court justice has refused to take himself out of a case involving the state cap on punitive damages, even though he pledged during his election campaign that he would never vote to overturn the law imposing the cap.

Justice Menis Ketchum of the state Supreme Court of Appeals issued a statement Thursday declining a party’s request that he recuse, asserting that “I am satisfied that my predisposition does not equate to an actual bias towards any of the parties in this appeal.”

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