Frohnapfel v. Arcelormittal Weirton LLC

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

JOHN PRESTON BAILEY, District Judge.

Presently pending before this Court is Defendants ArcelorMittal Weirton LLC (“AM Weirton”) and ArcelorMittal USA LLC’s Motion to Dismiss [Doc. 7], filed April 11, 2014. By Order entered July 7, 2014, this Court referred a question of law to the Supreme Court of Appeals of West Virginia, deferred ruling on other issues and stayed this case pending resolution of the certified issue of law [Doc. 30]. This Court, now having the benefit of the West Virginia Supreme Court’s decision will deny the Motion.

I. Background

This…