Memorandum Opinion and Order
Denying Motion to Require Election
Pending is Defendant’s motion to require election and for a bill of particulars. For reasons set forth below, the Court DENIES both demands of the motion.
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Opinions
The Southern District of West Virginia offers a database of opinions starting in the year 2001, listed by year and judge. For a more detailed search, enter the keyword or case number in the search to the right or sort using the drop-downs below.
2:02-cr-00010
Author:
Charles H. Haden II
3:00-cv-00009
Memorandum Opinion and Order
Pending before the Court is the government’s motion to amend its answer. For the reasons set forth below, the Court GRANTS the motion.
Author:
Robert J. Staker
2:02-cv-00041
Memorandum Opinion and Order
Pending are the motions of Defendant MortgageStar, Inc. (MortgageStar) for partial dismissal or, alternatively, for partial summary judgment and Fairbanks Capital Corp. (Fairbanks) to dismiss. For reasons discussed below, MortgageStar’s motions are GRANTED in part and DENIED in part; Fairbanks’ motion is DENIED.
Author:
Charles H. Haden II
2:97-cv-00090
Memorandum Order
Thia matter is before the court on the motion of defendant E.I. DuPont De Nemours and Company, Inc. ("DuPont") to exclude the testimony of Dr. Charles Vyvyan Howard and Dr. Randall L. Tackett, plaintiff's causation experts in the above styled toxic tort action, filed December 5, 2001. Inasmuch as plaintiff's principal expert, Dr. Howard, has been extensively deposed on multiple occasions and Dr. Tackett has also been deposed and inasmuch further as the motion has been the subject of extensive submissions by both parties, the court concludes and the parties agree that the record is complete and a hearing on the motion is not needed.
Author:
John T. Copenhaver, Jr.
2:02-cv-00062
Memorandum Opinion and Transfer Order
Pending are the motions 1) of Plaintiffs McJunkin Corporation (McJunkin) and Precision Clean Piping, Inc. (Precision) to transfer a related action from the Eastern District of Missouri to this Court and 2) of Cardinal Systems, Inc. (Cardinal) and O’B, Inc. (O’B) to dismiss for lack of personal jurisdiction or, alternatively, to transfer this action to the Eastern District of Missouri. Defendants’ motion to transfer is GRANTED, and the remainder of the motions are DENIED.
Author:
Charles H. Haden II
2:01-cv-00327
Memorandum Opinion and Order
Pending is Plaintiff’s motion for summary judgment. The Court GRANTS in part and DENIES in part Plaintiff’s motion.
Author:
Charles H. Haden II
2:00-cv-00881
Order
Pending before the court is the Motion to Quash and Request for Protective Order (document # 141), filed by Howard E. Hill, Jr., Superintendent of the West Virginia State Police ("the Superintendent"), which Motion was considered at a hearing on February 19, 2002. Present at the hearing were Timothy C. Bailey for Plaintiff, Jeffrey K. Phillips for defendant Barlow, Travis S. Haley for defendant Town of Oceana, and John Hoyer for the Superintendent.
Author:
Mary E. Stanley
2:00-cv-01062
Memorandum Opinion and Order
Pending are Plaintiff's motions for (1) leave to file an amended and supplemental complaint, (2) injunctive relief on Count 8 of the Amended and Supplemental Complaint, (3) partial summary judgment and a permanent injunction on Counts 2 and 3, and (4) further injunctive relief on Count 3. Intervenor Defendant West Virginia Coal Association's (WVCA's) motion to dismiss also pends. For reasons discussed below, Plaintiff's motion to file an amended and supplemental complaint is GRANTED. All other motions are DENIED.
Author:
Charles H. Haden II
3:01-cv-00992
Order
Currently pending before the Court is a motion to dismiss by Defendant CNC Containers Corporation. In its motion, Defendant argues this Court lacks personal jurisdiction over it, venue is improper, and there was insufficient service of process. Plaintiff M&G Polymers USA, LLC (M&G), opposes said motion. Upon review, the Court agrees with Defendant that this Court does not have personal jurisdiction over it and, therefore, GRANTS, Defendant’s motion to dismiss.
Author:
Robert C. Chambers
3:01-cv-00075
Amended Memorandum Decision
On September 19, 2001, the West Virginia Legislature enacted House Bill 511 which redistricted both chambers of the legislature based on the United States census of 2000. Two suits were filed challenging the constitutionality of the redistricting plan as it relates to the West Virginia Senate. The two suits were consolidated and this three-judge court appointed to hear them pursuant to 28 U.S.C. § 2284. Plaintiffs in the first suit include John Unger, II, a West Virginia State Senator, and John Overington, a member of the House of Delegates. Both are residents of Berkeley County, in what is commonly referred to as West Virginia's "Eastern Panhandle." One of the plaintiffs in the second case is J. Frank Deem, a member of the West Virginia Senate from Wood County, which borders the Ohio River in the West. Unger is a Democrat; Deem and Overington are Republicans. Both suits are based on the proposition that there are impermissible population variances among the districts of the State Senate under House Bill 511. Federal jurisdiction is grounded on 42 U.S.C. § 1983 and 28 U.S.C. § 1331.
Author:
David A. Faber