State of W.Va. ex rel. Vanderra Resources, LLC v. Hon. David W. Hummel, Jr., Chesapeake Appalachia, LLC and Kanawha Stone Company, Inc.

WALKER, Chief Justice:

*39 Chesapeake Appalachia, LLC (Chesapeake) hired Vanderra Resources, LLC (Vanderra) to implement a stabilization plan after landslides occurred during the construction of one of Chesapeake's shale drill pads in Marshall County, West Virginia. Eventually, after additional landslides occurred, Chesapeake sued Vanderra and several other companies to recover its costs incurred in repairing the drill pad. Vanderra's motion for summary judgment was denied on the basis that genuine issues of material fact exist. In this action for writ of prohibition, or alternatively mandamus,…