SEC filing: Not all UBB lawsuits settled - Beckley, Bluefield & Lewisburg News, Weather, Sports

SEC filing: Not all UBB lawsuits settled

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A new Securities & Exchange Commission filing from Alpha Natural Resources shows that at least two families of the Upper Big Branch mine explosion have withdrawn from wrongful death settlements.

"The Company had reached agreements in principle to settle with all twenty-nine families of the deceased miners as well as the two employees who were seriously injured," the filing states. "However, families of two of the deceased miners have recently withdrawn their prior agreements to settle, and settlement negotiations in those cases are ongoing."

The release also notes that one of the families is "alleging fraudulent inducement into a contract, naming as defendants Massey, the Company and certain of its subsidiaries, the Company's CEO and the Company's Board of Directors."

Alpha acquired the Upper Big Branch mine in its buyout of Massey Energy months after the explosion that killed 29 coal miners. Other miners who worked at the Upper Big Branch mine are apparently suing the company as well.

"Two seriously injured employees had filed personal injury claims against Massey and certain of its subsidiaries in Boone County Circuit Court seeking damages for physical injuries and/or alleged psychiatric injuries, and thirty-nine employees had filed lawsuits against Massey and certain of its subsidiaries in Boone County Circuit Court and Wyoming County Circuit Court alleging emotional distress or personal injuries due to their proximity to the explosion," the SEC filing states. "On April 19, 2012, the Company filed a motion to transfer the Wyoming County lawsuits to Boone County."

Alpha entered a non-prosecution agreement with the U.S. Department of Justice December 6, 2011. The agreement cost Alpha more than $200 million in outstanding fines, restitution, and improved miner safety equipment.

The filing said that the Boone County Circuit Court has ordered that remaining personal injury and emotional distress claims be mediated through July 6.