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.

United States of America v. Antoine E. Skaff 12/14/2017
2:17-cr-00125

Memorandum Opinion and Order

Dr. Antoine Skaff used the privilege of a dental license to engage in thousands of individual acts of fraud charged by the United States as one fraudulent scheme. This case began in 2015 when an unnamed individual filed a complaint with the United States Drug Enforcement Agency (“DEA”) reporting that a high volume of patients were only briefly visiting Dr. Skaff’s dental office. In late 2015, the DEA referred the investigation to the West Virginia Board of Dental Examiners. During the investigation, the West Virginia Board of Dentistry received credible information that Dr. Skaff was improperly billing Medicaid based on an audit by Scion Dental, a provider network and administrator of the Medicaid dental benefits for the Managed Care Organizations (“MCOs”) under contract with West Virginia Medicaid. The West Virginia Board of Dentistry continued investigating Dr. Skaff based on this 2 information. On July 20, 2017, Dr. Skaff entered into a Consent Decree and Order with the West Virginia Board of Dentistry, agreeing to a reprimand for his inappropriate opioid-prescribing practices and his fraudulent billing practices, and to a suspension of his license to practice dentistry, among other conditions.

Author:
Joseph R. Goodwin
Sean C. Collins v. Lowe's Home Centers, LLC and Scott Horsfield 12/07/2017
3:17-cv-01902

Memorandum Opinion and Order

Pending before the Court is Defendants’ Partial Motion to Dismiss (ECF No. 9). As explained below, the Court GRANTS, IN PART, and DENIES, IN PART, Defendants’ Partial Motion to Dismiss. Plaintiff’s Harless claim, in Count IV, premised upon the WVHRA is DISMISSED. But, Plaintiff’s Harless claim, also in Count IV, premised upon the FMLA remains viable.

Author:
Robert C. Chambers
Freedom From Religion Foundation, Inc., et al. v. Mercer County Board of Education, et al. 11/14/2017
1:17-cv-00642

Amended Memorandum Opinion and Order

This civil action questions the constitutionality of a longstanding Bible in the Schools (“BITS”) program administered in many of the elementary and middle schools throughout Mercer County, West Virginia.  Plaintiffs, Freedom From Religion Foundation, Inc., Jane Doe and her child Jamie Doe, and Elizabeth Deal and her child Jessica Roe, allege the BITS program violates the Establishment Clause and request an injunction prohibiting defendants from administering BITS in the future.  Elizabeth Deal and Jessica Roe also seek nominal damages. For the reasons that follow, defendants’ motion to dismiss, ECF No. 25, is GRANTED without prejudice.

Author:
David A. Faber
S.M.B. v. West Virginia Regional Jail and Correctional Facility Authority, et al. 10/26/2017
3:17-cv-01300

Memorandum Opinion and Order

Pending before the Court is West Virginia Regional Jail and Correctional Facility Authority’s Motion to Dismiss Plaintiff’s Complaint (ECF No. 13). For reasons specified herein, the Court GRANTS the motion and DISMISSES West Virginia Regional Jail and Correctional Facility Authority as a defendant in this case.

Author:
Robert C. Chambers
United States of America v. Antoine Dericus Wilmore 10/10/2017
2:16-cr-00177

Memorandum Opinion and Order

Fifteen weeks ago, I rejected the proffered plea agreement in the case of United States v. Charles York Walker, Jr.1 after determining that it was not in the public interest. I must now decide whether, under Rule 11 of the Federal Rules of Criminal Procedure, to accept or reject the plea agreement between the defendant, Mr. Antoine Dericus Wilmore, and the government. As I noted in Walker, while Rule 11 gives defendants and prosecutors the ability to enter into plea agreements, it also obligates judges to accept or reject those agreements.2 Rule 11 is silent on what I should or may consider in my decision.

Author:
Joseph R. Goodwin
United States of America v. Charles York Walker, Jr. 09/22/2017
2:16-cr-00174

Memorandum Opinion and Order

Pending before the court is Defendant’s Motion for Recusal [ECF No. 57]. For the reasons stated below, the motion is DENIED.

Author:
Joseph R. Goodwin
Richard Edwards, Jr. v. McElliotts Trucking, LLC, et al. 08/22/2017
3:16-cv-01879

Memorandum Opinion and Order

Pending before the Court is Defendant Cardinal Transport LLC’s Motion in Limine to Exclude Expert Testimony and Life Care Plan of Lisa Westfall. ECF No. 100. For the following reasons the Court DENIES the Motion.

Author:
Robert C. Chambers
United States of America v. Shon Wayne Cobbs 08/18/2017
2:17-cr-00023

Memorandum Opinion and Order

On July 20, 2017, I sentenced the defendant, Shon Wayne Cobbs. During that hearing, I determined that the defendant’s prior unlawful wounding conviction under W. Va. Code § 61-2-9(a) constituted a prior conviction for a “crime of violence” under the United States Sentencing Commission Guidelines Manual (“USSG”) §§ 2K2.1 and 4B1.2(a)(1). I further explain my reasoning herein.

Author:
Joseph R. Goodwin
The County Commission of McDowell County v. McKesson Corporation, et al. 08/14/2017
1:17-cr-00946

Memorandum Opinion and Order

This civil action was filed in the Circuit Court of McDowell County, West Virginia, and removed to this court by the defendants who maintain that this court has diversity of citizenship jurisdiction.  The plaintiff has filed a motion to remand that is now before the court for decision.  (ECF No. 26). For reasons discussed below, the motion to remand is DENIED.

Author:
David A. Faber
Richard Edwards, Jr. v. McElliotts Trucking, LLC, et al. 08/02/2017
3:16-cv-01879

Memorandum Opinion and Order

Pending before the Court are Defendant Cardinal Transport’s Motion Summary Judgment, ECF No. 72, and Motion to Strike and Exclude Untimely Evidence, ECF No. 84. For the reasons explained in the following Memorandum Opinion the Court GRANTS in part and DENIES in part the Motion for Summary Judgment, and DENIES the Motion to Strike.

Author:
Robert C. Chambers

Pages