IN RE FELA ASBESTOS CASES

No. 33665.

665 S.E.2d 687 (2008)

In re FELA ASBESTOS CASES (Mass Litigation Cases Consolidated for Appeal).

Supreme Court of Appeals of West Virginia.

Decided July 2, 2008.


Attorney(s) appearing for the Case

R. Scott Marshall, Esq., Robert F. Daley, Esq., D. Aaron Rihn, Esq., Robert Peirce & Associates, PC, Pittsburgh, PA, for Appellants.

Luke A. Lafferre, Esq., Alicia A. Deligne, Esq., Marc Williams, Esq., Huddleston Bolen, LLP, Huntington, WV, for CSX Transportation, Inc. and Norfolk Southern Railway Company.

Dean F. Favavolito, Esq., Anthony Sunseri, Esq., Burns, White & Hickton, LLC, Pittsburgh, PA, for Consolidated Rail Corporation, American Premier Underwriters, Inc. and CSX Transportation, Inc.


PER CURIAM.

In this appeal from the Circuit Court of Kanawha County, we are asked to review an order that dismissed the complaints filed by over a thousand railroad employees against their railroad employers. These employees contend that they have claims for relief under the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq. The parties stipulated that all of the employees reside outside of West Virginia, and stipulated that all of the employees...

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