Memorandum Opinion and Order

On December 3-4, 2013, the Court held a trial in this case regarding jurisdiction and liability,¹ and the parties timely conducted post-trial briefing. As explained below, the Court FINDS that Plaintiffs have established statutory jurisdiction under both the Clean Water Act and the Surface Mining Control and Reclamation Act. The Court further FINDS that Plaintiffs have established, by a preponderance of the evidence, that each Defendant has committed at least one violation of its permits by discharging into Laurel Creek or Robinson Fork high levels of ionic pollution, which have caused or materially contributed to a significant adverse impact to the chemical and biological components of the applicable stream‘s aquatic ecosystem, in violation of the narrative water quality standards that are incorporated into those permits. 

Memorandum Opinion and Order

In West Virginia, lender liability suits have taken a strange turn that threatens to uproot basic principles of contract law. The plaintiffs in these suits, homeowners tied to mortgages, have concocted a novel theory of injury. That theory is as follows: refinancing a home for more than its fair market value is one-sided and overly harsh against the borrower, justifying rescission of a home loan. I have concluded that this theory is absurd. But it has been repeatedly accepted by other judges. Therefore, with some trepidation, I will explain my view, beginning with the bald statement that neither West Virginia law nor cases outside of this state support the notion that lending too much money is unfair.

Memorandum Opinion and Order
(Motion in Limine No. 1, Summary Judgment Motions on 510(k) Issue)

Pending are Plaintiffs’ Motion in Limine No. 1 – 510(k) Clearance of the Ethicon Mesh Products by the United State Food and Drug Administration (“FDA”), or Lack of FDA Enforcement Action [Docket 124], Defendants’ Motion for Partial Summary Judgment Based on Preemption of Certain Claims [Docket 128], and Plaintiffs’ Motion for Partial Summary Judgment [Docket 150]. The motions are ripe for review. For the reasons set forth below, Plaintiffs’ Motion in Limine No. 1 [Docket 124] is GRANTED, Defendants’ Motion for Partial Summary Judgment Based on Preemption of Certain Claims [Docket 128] is DENIED, and Plaintiffs’ Motion for Partial Summary Judgment [Docket 150] is GRANTED.

Memorandum Opinion and Order

Pending are Plaintiffs’ motion to remand [ECF 14] and Defendants’ motion for leave to file a surreply [ECF 22]. For the reasons set forth below, the Court GRANTS the motion to remand, and this matter is hereby REMANDED to the Circuit Court of Kanawha County, West Virginia. The Court DENIES Defendants’ motion for leave to file a surreply.