It was a decision that David Fawcett III, a Buchanan Ingersoll & Rooney partner in Pittsburgh, had been waiting for. He has been Hugh Caperton’s lawyer since 1998. At the time, Caperton’s company, the Harman Mining Co., was already bankrupt. According to Caperton, Massey, a competitor, had bought Caperton’s sole customer and canceled the Harman supply contract. Massey had also acquired a ring of land around Harman’s mine, leaving it without road or rail access.
Fawcett, a Pittsburgh partner who has long been involved in local politics, had just lost a run for Congress. He had some time on his hands, and was willing to work on contingency. It took some selling, but he convinced the firm to take the case. He sued Massey for tortious interference.
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