Attorneys for the plaintiffs in an upcoming lawsuit concerning Massey Energy say Mingo Circuit Judge Michael Thornsbury's representation of the company in the past could have a bearing on decisions he would make on the current case.

The trial for a case which alleges that over 700 people suffer from life threatening medical problems as a result of coal slurry Massey pumped into the ground and polluted local ground water is set to begin in October,

Last week, Thornsbury filed papers with the West Virginia Supreme Court disclosing that he had represented Rawl Sales, the Massey subsidiary who is being sued.

In his disclosure, the judge said he had represented Rawl Sales, "in a couple of matters around 1984 or 1985." He added that he had represented clients in suits against the company as well. He told the Supreme Court he felt the matter had "absolutely no relevance" and made the disclosure "out of an abundance of caution".

However, attorneys for the plaintiffs in the case have filed a motion stating that they felt Thornsbury's omission to disclose to the court that he had represented Rawl Sales was a problem, and that the issues raised in that case did have a significant bearing on the current suit.

One of the clients in the current case was in fact a plaintiff on the 1985 case in which Thornsbury defended Rawl Sales, the motion states.

The details of the case are also very closely related, the attorneys said, which is an issue for concern. In the earlier case, Thornsbury defended Rawl Sales against accusations that the company had caused damage to properties as a result of negligent blasting practices during the coal mining process. According to the motion, an expert witness testified at the time that, "blasting was on of the factors contributing to the migration of Massey's one-billion gallon injected slurry plume into plaintiff's wells."

In earlier motions, plaintiffs' counsel also raised issues concerning whether Judge Thornsbury has a relationship, business or person, with Massey CEO Don Blankenship. "Mr. Blankenship assumed the presidency of Rawl Sales in May 1984," the motion said. "So Judge Thornsbury had a professional relationship with Mr. Blankenship while still a lawyer."

Thornsbury has denied having any type of relationship with Blankenship.

A hearing to allow plaintiffs' attorneys to bring forth their request for Thornsbury to be disqualified is scheduled for today, August 4.