Non-profit journalism center says coal industry’s leading law firm has record of withholding evidence

Jackson Kelly, the leading law firm that defends coal companies when miners file lawsuits over black-lung disease, has a record of withholding evidence, according to the Center for Public Integrity, a non-profit journalism center. (The firm is accused of withholding evidence that coal miner Gary Fox, left, had black lung disease. Fox lost his claim against the company, and went back to work in the mine. He died in 2009.)

In some cases, the firm had medical evidence to prove that a miner contracted cancer from black lung disease, but kept silent about the findings, diverting to records from doctors who didn't look for black lung disease, thus, didn't find any signs of it, Chris Hamby reports for the center. This is "part of a cutthroat approach to fighting miners’ claims that Jackson Kelly has employed to great effect for decades," Hamby writes. "Some of the firm’s tactics go beyond aggressive advocacy, crossing into unethical behavior, according to current and former judges, lawyers and state disciplinary officials. As a result, sick and dying miners have been denied the modest benefits and affordable medical care that would allow them to survive and support their families." (Statistics by National Institute for Occupational Safety and Health)

"Jackson Kelly, documents show, over the years has withheld unfavorable evidence and shaped the opinions of its reviewing doctors by providing only what it wanted them to see. Miners, often lacking equally savvy lawyers or even any representation, had virtually no way of knowing this evidence existed, let alone the wherewithal to obtain it," Hamby writes. "In the rare cases in which miners’ lawyers have pushed for access to these materials and a judge has ordered disclosure, Jackson Kelly has fought back aggressively, arguing that it has the right to withhold them. The firm has asked higher courts to intervene and accused judges of bias. It has defied court orders, knowing administrative law judges have no contempt powers to enforce their commands, or conceded the case rather than turn over evidence." (Read more)