4th Circ. Asks For W.Va. High Court's Help On Mine Deaths Suit

Law360, New York (July 17, 2012, 8:55 PM EDT) -- The Fourth Circuit said Tuesday that the West Virginia Supreme Court, not a federal appeals court, should decide whether federal inspectors can be held liable for negligence in the deaths of two coal miners killed in a 2006 fire at a mine run by a Massey Energy Co. subsidiary.

Saying it found “no controlling appellate decision, constitutional provision or statute” to decide the issue, the appeals panel asked the state's high court to rule on whether West Virginia's negligence laws allowed inspectors to be sued over...
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