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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.

Ohio Valley Environmental Coalition, Inc., et al. v. United States Army Corps of Engineers, et al. 03/27/2007
3:05-cv-00784

Memorandum Opinion and Order

Plaintiffs brought this action seeking declaratory relief that the U.S. Army Corps of Engineers violated the Clean Water Act and the National Environmental Policy Act in issuing four permits to fill headwater streams in conjunction with mountaintop removal coal mining.  Plaintiffs request injunctive relief to prevent the conduct authorized under these permits and seek judicial review of the agency’s decisions under the Administrative Procedure Act.  For the reasons stated below, the Court GRANTS judgment in favor of Plaintiffs, RESCINDS the permits and decisions, ENJOINS Defendants and Intervenors from all activities authorized under those permits, and REMANDS the permits to the Corps for further proceedings consistent with this Memorandum Opinion and Order.

Author:
Robert C. Chambers
Felman Productions Inc., et al. v. Boris Bannai, et al. 03/05/2007
3:06-cv-00644

Memorandum Opinion and Order

Pending before the Court is Defendants’ Motion to Compel Arbitration and Stay Claims. The Court DENIES the Motion.  Also, Plaintiffs sought leave to file a surreply to Defendants’ Reply.  The Court GRANTS Plaintiffs’ Motion and has reviewed Plaintiffs’ Surreply in making the determination on the issue of what law applies in this controversy.

Author:
Robert C. Chambers
A.T. Massey Coal Company, Inc., et al. v. Jennifer Meadows 03/01/2007
2:06-cv-00484

Memorandum Opinion and Judgement Order on Motion to Dismiss

Pending before the court is defendant Jennifer Meadows’ motion to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6).  (Doc. No. 7.)  For the reasons set forth below, defendant’s motion is hereby GRANTED.

Author:
David A. Faber
Georgia-Pacific Corp. v. Michale Guy Putnam and Phyliss Maxine Putnam 02/13/2007
5:06-cv-00952

Memorandum Opinion

Before the Court is Defendants’ Motion to Dismiss Complaint for Declaratory Judgment [Docket 11].  For the reasons stated herein, the motion is GRANTED.

Author:
Thomas E. Johnston
Lamont Van Harris v. United States of America 02/07/2007
2:04-cv-00780

Memorandum Opinion and Order

Pending before the court is the petitioner’s Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 [Docket 338].  This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B).  The Magistrate Judge has submitted findings of fact and has recommended that the court grant the petitioner’s § 2255 motion. Neither party filed objections to the Magistrate Judge’s findings and recommendation.

Author:
Joseph R. Goodwin
David B. Evans and Jody M. Evans v. CDX Services, LLC and Joseph A. Zupanick 01/04/2007
5:06-cv-00259

Memorandum Opinion and Order

Before the Court is Plaintiffs’ Motion for Remand [Docket 7] and Defendants’ Motion to Dismiss Defendant Joseph Zupanick [Docket 3].  For the reasons stated herein, Plaintiffs’ motion is DENIED and Defendants’ motion is GRANTED.

Author:
Thomas E. Johnston
William J. Bradley v. Jo Anne B. Barnhart 12/05/2006
2:05-cv-00797

Memorandum Opinion and Order

Pending are the parties’ briefs seeking judgment on the pleadings.  The plaintiff’s brief was filed December 27, 2005. The defendant’s brief was filed January 26, 2006. On August 29, 2006, the court received the proposed findings and recommendation of the United States Magistrate Judge.  On September 8, 2006, the Commissioner objected.  On September 12, 2006, the court directed the plaintiff to respond to the Commissioner’s objections.  On September 15, 2006, plaintiff’s response was received.

Author:
John T. Copenhaver, Jr.
Rakesh Wahi, M.D. v. Charelston Area Medical Center, et al. 09/29/2006
2:04-cv-00019

Order

Pending before the court are the defendants’ Motions for Summary Judgment [Docket 75, Docket 79, and Docket 81].  After a thorough review of the pending motions and responses, the court FINDS for the defendants and GRANTS their summary judgment motions on all counts.

Author:
Joseph R. Goodwin
Virginia Lawson and William Lawson v. American General Assurance Company, et al. 09/12/2006
5:05-cv-01173

Memorandum Opinion and Order

Before the Court is Plaintiffs’ Motion to Remand [Docket 6].  For the reasons stated herein, the motion is GRANTED.

Author:
Thomas E. Johnston
Mark J. Barnett v. Commtec/Pomeroy Computer Resources, Inc. 07/20/2006
2:05-cv-00439

Memorandum Opinion and Order

In January 1997, the West Virginia Department of Education ("WVDE") issued an official Request for Proposal ("RFP") to solicit bids for a comprehensive computer system in state schools. The defendant, Commtec/Pomeroy Computer Resources, Inc. ("Pomeroy"), submitted the successful bid and entered into a contract ("the SUCCESS contract") with the WVDE on July 8, 1997.  The plaintiff, Mark J. Barnett, allegedly worked for Pomeroy on this contract as a cable installer.

Author:
Joseph R. Goodwin

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