UBB Off-Limits In Coal Slurry Pollution Lawsuit

• {West Virginia}...Three judges who will hear the August trial in a coal slurry pollution lawsuit against Massey Energy have declared any reference to the 2010 mine explosion at the Upper Big Branch Mine will be off limits, and they have ordered the plaintiffs' lawyers to avoid inflammatory phrases including "poison'' or "toxic soup'' in opening statements. The judges say words and phrases including "forgotten communities'' can be used, but only in closing arguments against Massey and its subsidiary, Rawl Sales & Processing. Massey had argued the phrases are prejudicial, irrelevant and of no help to jurors. Plaintiffs' attorney Van Bunch said his team has never described their clients' towns as "forgotten communities,'' explaining the reference comes from a sign that residents erected themselves.