Richmond, Va.-based Massey said in a statement Friday that the retirement of former Justice Larry Starcher last year prompted it to give up the suit.

Starcher was known for often harsh criticism of Massey chief Don Blankenship. At various times over the years, Starcher called Blankenship "stupid" and a "clown."

Massey filed the suit in U.S. District Court in 2006 after Starcher refused to recuse himself from an appeal involving the company.

A spokeswoman for the Supreme Court had no immediate comment Friday.