 During the 2004 judicial campaign, Massey Energy CEO Don Blankenship spent $3 million through a legally-crafted independent expenditure committee to defeat sitting West Virginia Supreme Court Justice Warren McGraw, whom Benjamin was challenging.In April 2008, Benjamin became involved when the case relating to Blankenship's company ("Caperton v. A.T. Massey Coal Co.") came before the West Virginia Supreme Court of Appeals.Benjamin ruled that even if Caperton stood to prevail, the venue should rightfully be signed to Virginia since the contract between the parties involved a mining property in Virginia.