Blankenship filed last year after accusing the newspaper and workers’ union of making false statements the company closed operations it purchased from now-defunct Horizon Natural Resources when it took over the company. Circuit Court judge David Stitt said comments the groups made were not defamatory, according to a report in the Charleston Gazette.
In October 2005, another Virginia judge, Randy Bellows, opted not to dismiss the Richmond, Virginia-based company’s case against a West Virginia political advocacy group, West Virginia Consumers for Justice.
Massey claimed a television ad campaign the group purchased contained defamatory statements alleging the company contaminated drinking water in West Virginia and unfairly terminated miners' employment and benefits.
The suit was Massey’s second attempt; a first filing against all three groups was dismissed by a Virginia circuit court judge, prompting the company to file a new version of the complaint in late September 2005.