Davis v. Eagle Coal and Dock Co.
West Virginia Supreme Court
1Opinion of the Court
MAYNARD, Justice.
In this case, this Court answers two certified questions from the Circuit Court of Min-go County which we reformulate 1 as follows:
1. Are state law negligence, product liability, and breach of warranty claims against manufacturers of roof bolter dust collection systems preempted by the Federal Mine Safety and Health Act, 30 U.S.C. §§ 801, et seq.t
2. Are state law failure to warn claims against manufacturers of roof bolter dust collection systems preempted by the Federal Safety and Health Act, 30 U.S.C. §§ 801, et seq.l 2
For the reasons that follow, we find that state law…
2Cases cited18 opinions
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- Maryland v. LouisianaSupreme Court of the United States · 1981
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Gade v. National Solid Wastes Management Assn.Supreme Court of the United States · 1992
- Northwest Central Pipeline Corp. v. State Corporation Comm'n of Kan.Supreme Court of the United States · 1989
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3Cited by2 opinions
- In re E.B.West Virginia Supreme Court · 2012
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