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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.

The Kay Company, et al. v. Equitable Production Co. 09/21/2007
2:06-cv-00612

Memorandum Opinion and Order

Pending before the court is the plaintiffs’ Motion for Order Limiting Defendants’ Discussions with Putative Class Members [Docket 92] and the defendants’ Motion to Strike Plaintiffs’ Request for Discovery and Evidentiary Hearing [Docket 100].  The plaintiffs filed their complaint on June 13, 2006 in the Circuit Court of Roane County alleging that the defendants breached contractual and fiduciary duties to the plaintiffs, knowingly and intentionally deprived the plaintiffs of rents and royalties to which they are entitled, and violated W. Va. Code § 46A-6-101 [Docket 3].  The defendants timely filed their notice of removal on August 7, 2006 [Docket 3].  For the following reasons the plaintiffs’ motion is DENIED.

Author:
Joseph R. Goodwin
United States of America v. Robert Lee Stinson 09/07/2007
3:07-cr-00055

Memorandum Opinion and Order

On August 6, 2007, this Court began a bench trial at which the defendant asked to be found not guilty on the basis that the offense charged, as applied to the facts of his case, violates the Ex Post Facto Clause of the Constitution.  The Court then recessed the trial to consider the parties’ arguments on this issue.  Upon review of those arguments, the Court FINDS the defendant not guilty of the charge contained in the superceding indictment as such a conviction would violate the Ex Post Facto Clause.

Author:
Robert C. Chambers
Tammy Thomas v. Brooks Run Mining Company, LLC 08/15/2007
1:07-cv-00310

Memorandum Opinion and Order

Pending before this court are plaintiff’s motion to remand (Doc. No. 7) and defendants’ motion to dismiss (Doc. No. 4). Having reviewed the record and applicable law, for the reasons outlined below, the court (1) GRANTS plaintiff’s motion to remand (Doc. No. 7), (2) REMANDS this case to the Circuit Court of McDowell County, West Virginia, (3) DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and Remand Order to the Clerk of the Circuit Court of McDowell County, West Virginia, and (4) DIRECTS the Clerk to remove this action from the court’s active docket.  Because the court finds that it lacks jurisdiction, the court does not reach defendants’ motion to dismiss.

Author:
David A. Faber
United States of America v. Patricia Lee McMillion 07/25/2007
5:06-cr-00064

Memorandum Opinion

Before the Court is the Government’s Motion to Reduce Defendant’s Sentence pursuant to Fed. R. Crim. P. 35 [Docket 33].  A hearing was held on the motion on April 2, 2007.  For the reasons stated herein, the motion is GRANTED.

Author:
Thomas E. Johnston
Turnpike Ford, Inc. v. Ford Motor Company and Ford Motor Credit Company 07/10/2007
2:05-cv-00398

Memorandum Opinion and Order

Pending before the court is Defendants’ Motion to Compel Deposition Testimony of Stephen F. Parsons, filed May 22, 2007. (Docket # 97.)  Plaintiff responded on June 8, 2007 (# 100), and Defendants replied on June 21, 2007 (# 102).  The court heard oral argument on July 9, 2007, making the matter ripe for decision.

Author:
Mary E. Stanley
Ohio Valley Environmental Coalition, Inc., et al. v. United States Army Corps of Engineers, et al. 06/19/2007
3:05-cv-00784

Memorandum Opinion and Order

Pending are Plaintiffs’ Motion for Leave to File a Fourth Supplemental Complaint [Doc. #250] and Motion for Leave to File a Fifth Supplemental Complaint [Doc. #291].  The Court finds that allowing Plaintiffs to supplement their Complaint will not prejudice existing parties or parties not present to this suit.  Accordingly, the Court GRANTS Plaintiffs’ motions for leave to file a Fourth Supplemental Complaint and Fifth Supplemental Complaint.

Author:
Robert C. Chambers
United States of America v. Marvin L. Smith 06/13/2007
2:07-cr-00082

Memorandum Opinion and Order

Pending before the court is the defendant’s motion to dismiss the indictment [Docket 25]. For the following reasons the motion is GRANTED.

Author:
Joseph R. Goodwin
United States of America v. George Lecco 04/06/2007
2:05-cr-00107

Sealed Ex Parte Memorandum Opinion and Order

Pending are defendant George Lecco's ex parte, sealed motion in limine to permit testimony by his penalty phase expert, filed March 14, 2007, and the government’s motion to exclude the expert witness’ testimony, filed March 21, 2007.

Author:
John T. Copenhaver, Jr.
Carrie A. McMellon, et al. v. United States of America, et al. 04/02/2007
3:00-cv-00582

Order

Pending before the court is the parties’ joint motion for vacatur pursuant to Federal Rule of Civil Procedure 60(b)(6).  For the following reasons, the motion is DENIED.

Author:
Joseph R. Goodwin
Mack C. Knuckles and Pamela K. Knuckles v. RBMG, Inc., et al. 03/27/2007
2:03-cv-02414

Memorandum Opinion and Order

Pending before the court is plaintiffs’ motion, filed January 8, 2004, seeking to remand the above-captioned civil action to the Circuit Court of Kanawha County, West Virginia.

Author:
John T. Copenhaver, Jr.

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