Argument Docket
Tuesday, Oct. 24
State Capitol
Charleston

1. Lonnie T. Campbell, et al. v. Mountaineer Testing Laboratories, Inc., et al. - 33090 - Plaintiffs appeal: 1) the circuit court's order granting summary judgment to defendant the WV Department of Transportation, Division of Highways; and 2) the circuit court's order granting summary judgment to defendant Nationwide Mutual Insurance Company.

2. In Re: Christina W., Sissy W., and Lisa W. - 33133 - Father appeals circuit court order terminating his parental rights.

3. State of W. Va. v. Kevin Ray Middleton - 33048 - Kevin Ray Middleton appeals his conviction and sentence for one count of sexual abuse by a parent, guardian or custodian and one count of first degree sexual abuse.

4. SER Office of Disciplinary Counsel v. Michael F. Niggemyer - 33098 - Lawyer Disciplinary Board seeks rule to show cause in contempt for failure to comply with provisions of a previous disciplinary order.

Argument Docket
Wednesday, Oct. 25

1. Linda J. Haines, beneficiary, etc. v. Pamela K. Kimble, Exex. - 32844 - Petitioner appeals from the circuit court's order affirming the ruling of the Hampshire County Commission, which refused to remove respondent as the executrix of the decedent's estate.

2. In Re: Skylean H., Earl K. Mersadies K., and Cody K. - 33135 - The Petitioner/GAL seeks an appeal of the circuit court's order that dismissed the abuse and neglect petition and ordered the children to be returned to the care of the mother. The GAL also seeks to overturn the circuit court's denial of a stay pending appeal.

3. State of W. Va. v. Michael Lee Kendall - 32689 - Petitioner appeals his conviction for burglary and for three counts of brandishing a firearm.

4. Lawyer Disciplinary Board v. Desiree Lynette Albers - 31279 - The Court will hear argument in this lawyer disciplinary matter.

5. Jerril Davis, et al. v. Eagle Coal and Dock Company, et al. - 33054 - Defendant J. H. Fletcher & Company files its petition for appeal pursuant to an order certifying questions to this Court. The Order of Certification has been entered in seven civil actions pending before the circuit court. - Chief Justice Davis disqualified. Judge Johnson sitting by temporary assignment.

THE CIRCUIT COURT HAS CERTIFIED THE FOLLOWING QUESTIONS:

1. Whether a determination of liability predicated on a roof bolter dust collection system design that has not been heretofore deemed permissible by MSHA/Secretary of Labor is subject to preemption by virtue of the conflict between such a judicial determination and 30 U.S.C.A. § 844 and/or the occupation of the field of roof bolter dust collection system design by Federal regulatory authorities.

ANSWER: YES.

2. Whether a determination of liability predicated on a failure to warn relating to a roof bolter's dust collection system via a warning not specifically prescribed by MSHA/Secretary of Labor is subject to preemption by virtue of the conflict between such a judicial determination and 30 U.S.C.A. § 844 and/or occupation of the field of roof bolter dust collection system and dust control warnings by Federal regulatory authorities.

ANSWER: YES

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