You are here

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.

Danielle Sheppard V. Price Gregory International, Llc And William Greg Newcomb 04/14/2025
5:24-cv-00256

MEMORANDUM OPINION AND ORDER

Pending is Defendant William Greg Newcomb’s Motion to Remand, or in the Alternative, to Dismiss for Lack of Subject-matter Jurisdiction [ECF 19], filed November 29, 2024. Plaintiff Danielle Sheppard responded in opposition on December 12, 2024. [ECF 21]. Mr. Newcomb did not reply. Also pending is Mr. Newcomb’s Motion to Stay Discovery [ECF 25], filed April 8, 2025, to which Ms. Sheppard responded in opposition on April 13, 2025, [ECF 26]. The matters are ready for adjudication.

Author:
Frank W. Volk
United States Of America, V. Jamaa I. Johnson 03/10/2025
2:13-CR-91-7

Memorandum Opinion And Order

Pending are Defendant Jamaa I. Johnson’s Motion for Appointment of Counsel [ECF 1093], filed December 3, 2024, and Motion for Compassionate Release [ECF 1094], filed February 7, 2025. The United States responded to the Motion for Compassionate Release on February 24, 2025 [ECF 1097]. The matters are ready for adjudication.

Author:
Frank W. Volk
Jonathan R., et al. v. Patrick Morrisey, et al. 02/28/2025
3:19-cv-00710

Memorandum Opinion and Order

This court cannot take over the foster care system of West Virginia. Constitutional limits prevent the court from crafting public policy and administering state agencies. West Virginia’s foster care system has cycled through inaction, bureaucratic indifference, shocking neglect, and temporary fixes for years. The blame squarely lies with West Virginia state government. When elected officials fail, the ballot box is the remedy.

Author:
Joseph R. Goodwin
Center For Biological Diversity, et al., V. United States Forest Service, et al., V. South Fork Coal Company, LLC 01/22/2025
5:24-cv-00274

Memorandum Opinion And Order

Pending is Intervenor Defendant South Fork Coal Company, LLC’s (“South Fork”) Motion to Dismiss [ECF 42], filed August 2, 2024. Plaintiffs Center for Biological Diversity, Appalachian Voices, Greenbrier River Watershed Association, Kanawha Forest Coalition, Sierra Club, and West Virginia Highlands Conservancy (collectively “Plaintiffs”) responded in opposition [ECF 46] on August 16, 2024, to which Intervenor Defendant replied [ECF 47] on August 23, 2024.

Author:
Frank W. Volk
United States Of America, V. Ryan Bailey And Rkb, Inc. 01/22/2025
5:24-cv-00456

Memorandum Opinion And Order

Pending are Defendant Ryan Bailey’s Motion to Set Aside Entry of Default by Clerk [ECF 15], filed November 15, 2024, and Defendant RKB, Inc.’s (“RKB”) Motion to Set Aside Entry of Default Pursuant to Rule 60 of the West Virginia Rules of Civil Procedure [ECF 17], filed November 26, 2024. Plaintiff United States of America (“Plaintiff”) responded in opposition to the motions [ECF 18] on November 27, 2024.

Author:
Frank W. Volk
United States Of America v. Christopher Smyth 01/02/2025
5:22-cr-00182

Memorandum Opinion And Order

Pending are Defendant Christopher Smyth's (1) Sentencing Memorandum [ECF 139], filed August 15, 2024, and (2) Supplemental Sentencing Memorandum [ECF 148], filed December 9, 2024. Mr. Smyth objects to the Presentence Investigation Report's ("PSR") failure to recommend a downward departure under U.S.S.G. § 5K2.11.

Author:
Frank W. Volk
United States of America v. Carl Thomas Mullins 12/23/2024
5:22-cr-00179

Memorandum Opinion and Order

On October 25, 2024, the Court convened for sentencing. The Court imposed sentence but deferred judgment on the matter of restitution pending the parties’ briefing on the issue. The parties timely submitted their briefs without request for a hearing. [See ECF 73, 74].

Author:
Frank W. Volk
United States Of America Ex Rel. Liesa Kyer, V. Thomas Health System, Inc., et al., 11/07/2024
2:20-cv-00732

Memorandum Opinion And Order

Pending before the court is a Joint Motion to Dismiss Relator’s First Amended Complaint, filed by Defendants Charleston Hospital, Inc., Herbert J. Thomas Memorial Hospital Association, THS Physicians Partners, Inc., Thomas Health System, Inc., and Brian Ulery (“Defendants”), [ECF No. 56]. Relator Liesa Kyer (“Relator”) responded, [ECF No. 60], and Defendants timely replied, [ECF No. 61]. For the reasons stated herein, Defendants’ Motion to Dismiss is GRANTED.

Author:
Joseph R. Goodwin
United States Of America V. Carl Thomas Mullins 10/24/2024
5:22-cr-00179

Memorandum Opinion And Order

Pending are Defendant Carl Thomas Mullins’ (1) Sentencing Memorandum [ECF 62], filed May 3, 2024, and (2) Supplemental Sentencing Memorandum [ECF 65], filed June 12, 2024. Mr. Mullins objects to the Presentence Investigation Report’s (“PSR”) application of U.S.S.G. § 2K2.1(a)(6)(A) in calculating his Base Offense Level.

Author:
Frank W. Volk
Kara Lester And Lana Lester, Plaintiffs, V. Tyler Sizemore, And John Doe(S), And Wyoming County Commission 10/15/2024
5:24-cv-00054

Memorandum Opinion And Order

Pending are Defendant Tyler Sizemore’s Amended Motion to Dismiss and/or for Summary Judgment [Doc. 17], filed July 1, 2024, Motion to File Brief in Excess of Page Limit for Memorandum in Support [Doc. 18], filed July 1, 2024, Motion to Stay [Doc. 24], filed July 30, 2024, and Supplemental Motion [Doc. 38], filed October 1, 2024. Plaintiffs responded to the Amended Motion to Dismiss and/or for Summary Judgment on July 19, 2024, [Doc. 21], to which Mr. Sizemore replied on July 30, 2023, [Doc. 23]. The matters are ready for adjudication

Author:
Frank W. Volk

Pages