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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.

White Pine Insurance Company V. Interstate Towing, LLC And Frank White, Jr. 02/06/2023
3:21-cv-00429

Memorandum Opinion And Order

Pending are competing motions for summary judgment filed by Plaintiff White Pine Insurance Company ('White Pine") and Intervenor Frank White, Jr. ("White). (ECF Nos. 23, 25). White Pine and White have filed responses, replies, and a surreply, all of which have been considered by the Court. Defendant Interstate Towing, LLC ("Interstate"), has not participated in this action to date, but its involvement is not necessary to resolve the substantive question raised in the complaint for declaratory relief. Therefore, the Court finds the issue fully briefed and ready for resolution.

Author:
Cheryl A. Eifert
B.P.J., et al. v. West Virginia State Board of Education, et al. 01/05/2023
2:21-cv-00316

Memorandum Opinion and Order

West Virginia passed a law that defines “girl” and “woman,” for the purpose of secondary school sports, as biologically female. Under the law, all biological males, including those who identify as transgender girls, are ineligible for participation on girls’ sports teams. B.P.J., a transgender girl who wants to play girls’ sports, challenges the law. The question before the court is whether the legislature’s chosen definition of “girl” and “woman” in this context is constitutionally permissible. I find that it is.

Author:
Joseph R. Goodwin
United States of America v. Randy Price 10/12/2022
2:22-cr-00097

Memorandum Opinion and Order

The question before the court is whether 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, and 18 U.S.C. § 922(k), which prohibits possession of a firearm with an altered, obliterated, or removed serial number, are constitutional after the Supreme Court’s recent decision in New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022). After considering the arguments presented here, I find that Section 922(g)(1) is constitutional, but I find that Section 922(k) is not. For the following reasons, Mr. Price’s motion to dismiss the indictment against him is GRANTED as to Count Two and DENIED as to Count One.

Author:
Joseph R. Goodwin
United States of America v. Tawayne Devone Love 10/07/2022
2:03-cr-00187

Memorandum Opinion and Order

There are seventeen filings pending before the court, including Defendant Tawayne Love’s Motion for Reduction of Sentence pursuant to the First Step Act. [ECF No. 786]. Mr. Love is a federal prisoner, who has been incarcerated for eighteen years or 38% of his life, largely based on his status as a career offender at sentencing. A defendant is a career offender under the United States Sentencing Guidelines if, among other things, “the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.” U.S.S.G. § 4B1.1(a) (emphasis added). One of Mr. Love’s qualifying felony convictions was for Possession with Intent to Deliver Marijuana in violation of Pennsylvania law. Since his marijuana conviction nearly 30 years ago, federal and state law reflect a radical policy shift towards the decriminalization of marijuana, which mirrors the contemporary views of society.

Author:
Joseph R. Goodwin
Mary Dursten v. Todd Alexander and Board of Education, Cabell County Schools 08/30/2022
3:19-cv-00029

Memorandum Opinion and Order

Pending before the Court are Plaintiff’s Motion for Partial Summary Judgment (ECF No. 211), Defendant Board of Education, Cabell County Schools’ (“Board” or “CCBOE”) Motion for Summary Judgment (ECF No. 209), and Defendant Todd Alexander’s Motion for Summary Judgment (ECF No. 206). For the reasons herein, Defendant Board’s Motion is GRANTED, and Plaintiff’s cross-Motion is DENIED. Defendant Alexander’s Motion is GRANTED, in part, as to Count One, and DENIED, in part, as to Count Three.

Author:
Robert C. Chambers
United States of America v. David Keith Nutter 08/29/2022
2:21-cr-00142

Memorandum Opinion and Order

The Court has reviewed the Defendant’s Bruen-Based Motion to Dismiss (Document 62), the Response of the United States to Defendant’s Motion to Dismiss (Document 66) and the Defendant’s Reply on Bruen-Based Motion to Dismiss (Document 67).  For the reasons stated herein, the Court finds that the renewed motion to dismiss should be denied.

Author:
Irene C. Berger
Gibson v. Goldston 07/15/2022
5:21-cv-00181

Memorandum Opinion and Order

Pending are cross motions for summary judgment as to Defendant Louise Goldston [Docs. 65, 67] and a motion for summary judgment filed by the Raleigh County Commission, Jeff McPeake, Brian White, and Bobby Stump1 (collectively, the “Raleigh County Defendants”) [Doc.63]. The matter is ready for adjudication.

Author:
Frank W. Volk
Living Lands, LLC v. Cline 03/15/2022
3:20-cv-00275

Memorandum Opinion and Order

Pending before the Court is Defendant Harold Ward’s Motion to Dismiss. ECF No. 44. For the following reasons, this Motion is DENIED, in part, and GRANTED, in part. ECF No. 44.

Author:
Robert C. Chambers
Thompson v. CSX Transportation, Inc. 01/31/2022
3:20-cv-00699

Memorandum Opinion and Order

Pending before the Court is Defendant CSX Transportation Inc.'s Motion for Summary Judgement, ECF No. 31. For the following reasons, the motion is GRANTED.

Author:
Robert C. Chambers
Cox v. Lightning Contract Services, Inc. 01/31/2022
5:19-cv-00178

Memorandum Opinion and Order

The Court has previously entered default judgment against the Defendants concerning liability. [Doc. 32]. The issue of damages is ready for adjudication following a July 15, 2021 evidentiary hearing. [Doc. 42].

Author:
Frank W. Volk

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