In Re Flood Litigation Coal River Watershed

These two appeals from “flood litigation” cases have been consolidated for argument and decision. In one case we hold that a jury’s determination was valid. In the other case, we hold that the lower court’s dismissal of the case for failure to state a claim was erroneous.

I

Both of the instant appeals involve claims for injuries and damages resulting from flooding that occurred on July 8, 2001, in southern West Virginia — flooding that the plaintiffs allege was caused or exacerbated by timbering and/or mining operations that disturbed the watersheds lying upstream from the plaintiffs. Several…