The West Virginia Supreme Court of Appeals issued an Order denying Massey shareholders' request for a Preliminary Injunction to challenge the merger of Massey and Alpha Natural Resources. The parties had also sought to seal the entire record in the case, and that request was opposed by National Public Radio (NPR) and the Charleston gazette newspaper. The Supreme Court partially agreed with NPR and the Charleston Gazette and refused to seal the shareholders brief requesting an injunction or the response of the Massey defendants. However, as far as the exhibits to those pleadings was concerned, the Supreme Court stated it did not have enough information to make a decision whether or not to unseal the exhibits and held that it was sending the case back to the Circuit Court of Kanawha County, West Virginia.

Sean McGinley and Rudolph DiTrapano of the Charleston, West Virginia law firm of DiTrapano Barrett & DiPiero, PLLC represented NPR and the Charleston Gazette.