Plaintiffs Seek Reformulation of Questions Regarding Preemption Defense in Silica Case

CHARLESTON, W.Va. - Plaintiffs in a West Virginia silica case have filed a reply brief urging the state's highest court to reconsider language contained in two certified questions regarding the extent to which state common law claims are preempted by the federal Mine Safety and Health Act. Davis, et al. v. Eagle Coal and Dock Co., et al., No. 04-C-140 (W.Va. Sup. Ct. App.).

The plaintiffs, who brought silicosis claims in Mingo County Circuit Court, filed the brief Sept. 7 in the West Virginia Supreme Court of Appeals and contend that causes of action asserted against a roof bolt manufacturer …