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.

Andrew Bourne v. E.I. Dupont De Nemours and Company, Inc. 03/29/2002
2:97-cv-00090

Memorandum Order

Thia matter is before the court on the motion of defendant E.I. DuPont De Nemours and Company, Inc. ("DuPont") to exclude the testimony of Dr. Charles Vyvyan Howard and Dr. Randall L. Tackett, plaintiff's causation experts in the above styled toxic tort action, filed December 5, 2001. Inasmuch as plaintiff's principal expert, Dr. Howard, has been extensively deposed on multiple occasions and Dr. Tackett has also been deposed and inasmuch further as the motion has been the subject of extensive submissions by both parties, the court concludes and the parties agree that the record is complete and a hearing on the motion is not needed.

Author:
John T. Copenhaver, Jr.
McJunkin Corp. and Precision Clean Piping, Inc. v. Cardinal Systems, Inc. and O'B, Inc. 03/26/2002
2:02-cv-00062

Memorandum Opinion and Transfer Order

Pending are the motions 1) of Plaintiffs McJunkin Corporation (McJunkin) and Precision Clean Piping, Inc. (Precision) to transfer a related action from the Eastern District of Missouri to this Court and 2) of Cardinal Systems, Inc. (Cardinal) and O’B, Inc. (O’B) to dismiss for lack of personal jurisdiction or, alternatively, to transfer this action to the Eastern District of Missouri.  Defendants’ motion to transfer is GRANTED, and the remainder of the motions are DENIED.

Author:
Charles H. Haden II
New Holland Credit Company, LLC v. Madison Creek LLC, et al. 03/21/2002
2:01-cv-00327

Memorandum Opinion and Order

Pending is Plaintiff’s motion for summary judgment.  The Court GRANTS in part and DENIES in part Plaintiff’s motion.

Author:
Charles H. Haden II
Fannie Rollins v. Jeffrey E. Barlow and The Town of Oceana 03/18/2002
2:00-cv-00881

Order

Pending before the court is the Motion to Quash and Request for Protective Order (document # 141), filed by Howard E. Hill, Jr., Superintendent of the West Virginia State Police ("the Superintendent"), which Motion was considered at a hearing on February 19, 2002. Present at the hearing were Timothy C. Bailey for Plaintiff, Jeffrey K. Phillips for defendant Barlow, Travis S. Haley for defendant Town of Oceana, and John Hoyer for the Superintendent.

Author:
Mary E. Stanley
The West Virginia Highlands Conservancy v. Gale A. Norton, et al. 03/18/2002
2:00-cv-01062

Memorandum Opinion and Order

Pending are Plaintiff's motions for (1) leave to file an amended and supplemental complaint, (2) injunctive relief on Count 8 of the Amended and Supplemental Complaint, (3) partial summary judgment and a permanent injunction on Counts 2 and 3, and (4) further injunctive relief on Count 3. Intervenor Defendant West Virginia Coal Association's (WVCA's) motion to dismiss also pends. For reasons discussed below, Plaintiff's motion to file an amended and supplemental complaint is GRANTED. All other motions are DENIED.

Author:
Charles H. Haden II
M&G Polymers USA, LLC v. CNC Containers Corporation 03/14/2002
3:01-cv-00992

Order

Currently pending before the Court is a motion to dismiss by Defendant CNC Containers Corporation.  In its motion, Defendant argues this Court lacks personal jurisdiction over it, venue is improper, and there was insufficient service of process.  Plaintiff M&G Polymers USA, LLC (M&G), opposes said motion.  Upon review, the Court agrees with Defendant that this Court does not have personal jurisdiction over it and, therefore, GRANTS, Defendant’s motion to dismiss.

Author:
Robert C. Chambers
J. Frank Deem, et al. v. Joseph Manchin, III, et al. 03/01/2002
3:01-cv-00075

Amended Memorandum Decision

On September 19, 2001, the West Virginia Legislature enacted House Bill 511 which redistricted both chambers of the legislature based on the United States census of 2000.  Two suits were filed challenging the constitutionality of the redistricting plan as it relates to the West Virginia Senate. The two suits were consolidated and this three-judge court appointed to hear them pursuant to 28 U.S.C. § 2284.  Plaintiffs in the first suit include John Unger, II, a West Virginia State Senator, and John Overington, a member of the House of Delegates.  Both are residents of Berkeley County, in what is commonly referred to as West Virginia's "Eastern Panhandle." One of the plaintiffs in the second case is J. Frank Deem, a member of the West Virginia Senate from Wood County, which borders the Ohio River in the West.  Unger is a Democrat; Deem and Overington are Republicans.  Both suits are based on the proposition that there are impermissible population variances among the districts of the State Senate under House Bill 511. Federal jurisdiction is grounded on 42 U.S.C. § 1983 and 28 U.S.C. § 1331.

Author:
David A. Faber
One Gateway Associates v. Westfield Insurance Company 02/21/2002
5:01-cv-00698

Memorandum Opinion and Order

Pending is Defendant’s motion for summary judgment.  The Court GRANTS the motion.

Author:
Charles H. Haden II
Harry F. Bell, Sr. v. The National Republican Congressional Committee 02/21/2002
2:00-cv-00982

Memorandum Opinion and Order

Now pending is defendant National Republican Congressional Committee’s motion for summary judgment.  For reasons discussed herein, the motion is DENIED.

Author:
Joseph R. Goodwin
Mary L. Lilly v. CSX Transportation, Inc. 02/21/2002
5:02-cv-00004

Memorandum Opinion and Order

Pending before the court is plaintiff’s motion to remand this action to the Circuit Court of Summers County, West Virginia (doc. # 5). For the reasons stated herein, plaintiff’s motion to remand is DENIED.

Author:
David A. Faber

Pages