Massey suit against court reporter dismissed

This intriguing case involved a lawsuit by Massey Energy Corp. against a court reporter alleging that the court reporter's incompetence violated Massey's right to appeal. A jury had awarded Harman Mining $50 million in damages against Massey, and the verdict grows by $13,709 each day from post-judgment interest. Massey's argument was that because the trial transcript was tardy, and because a large portion of the transcript was "completely unintelligible," the court reporter should be liable for damages. U.S. District Judge David A. Faber dismissed the lawsuit.