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.
Memorandum Opinion and Order
Pending is Plaintiff's motion to amend her complaint to delete the existing class action allegations. The sole reason for which Plaintiff putatively seeks dismissal is lack of sufficient time to perform class discovery in aid of certification. Plaintiff, however, has not requested the Court to grant additional time within which to conduct such discovery.
Memorandum Opinion and Order
Plaintiff’s Second Amended Complaint asserts several state common law claims against Dow Agrosciences LLC (Dow). Dow is the manufacturer of Dursban HF, a pesticide product used in retail pest control products, including some Spectracide products to which plaintiff alleges she was exposed. In Count III (“Liability of Product Manufacturers”), plaintiff claims negligence in the design, manufacture, packaging and distribution of pesticide products; failure to warn; failure to provide knowledge of safeguards; negligent packaging and handling, including the failure to warn; and negligent design of the packaging. Count IV alleges the manufacturer breached warranties of fitness and merchantability in that the packaging and warnings were inadequate. Count V asserts strict liability based on defective design, manufacture and use, again identifying the packaging and warnings.1
Memorandum Opinion and Order
Currently pending before the court are the following discovery motions: (1)Plaintiff’s Motion to Compel Discovery from Defendants (Document # 43) and (2) Plaintiff’s Supplemental Hearing Response Memorandum of Points and Authorities in Opposition to Defendants’ Joint Motion to Quash and for Protective Order and Supplemental Motion to Compel and for Sanctions (Document # 46). The parties have responded and replied, and the Motions are ripe for decision. (Document ## 48, 54, 55.)
Memorandum Opinion and Order
Pending is Plaintiffs' motion to dismiss and remand.1 TheCourt DENIES the motion.
Memorandum Opinion and Judgment Order
Pending before the court are motions by the United States of America, the United States Department of Justice, the United States Attorney’s Office for the Southern District of West Virginia, the United States Department of Health and Human Services and the Railroad Retirement Board ( “federal defendants”) and by the West Virginia Department of Health and Human Resources to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) & (6). Because it appears from the papers, affidavits, and other proofs that there is no disputed issue of material fact and that judgment for the moving parties is appropriate as a matter of law, the plaintiffs’ complaint is hereby DISMISSED with prejudice.
Memorandum Opinion and Order
Pending is Plaintiffs' motion to remand this action. For reasons discussed below, the motion is GRANTED.
Memorandum Order
This matter is before the court on the following motions: plaintiff’s motion for summary judgment, filed April 3, 2000; plaintiff’s motion to dismiss defendants’ counterclaim, filed April 7, 2000; plaintiff’s renewed motion for summary judgment, filed October 23, 2000; plaintiff’s renewed motion to dismiss defendants’ counterclaim, filed October 23, 2000; and defendants’ motion for summary judgment, filed November 3, 2000.1
Memorandum Opinion and Order
Granting Default Judgment and Awarding Damages
This is an action alleging unauthorized use of communications in violation of 47 U.S.C. § 605 and unauthorized reception of cable service in violation of 47 U.S.C. § 553. Plaintiff, KingvisionPay-Per-View, Ltd., alleges the Defendants, the Admiral’s Anchor, Inc. No. 2 and William E. Arthur, unlawfully and willfully intercepted and exhibited the Evander Holyfield v. Lennox Lewis professional boxing match on March 13, 1999, for the purpose of commercial advantage and private financial gain, and with full knowledge that the program was not to be received or exhibited without authorization.
Memorandum Opinion and Order
Pending is Defendants’ motion to dismiss. The Court GRANTS the motion.
Memorandum Opinion and Order
Pending are 1) Plaintiff’s motion for partial summary judgment and a permanent injunction on Counts One, Two, and/or Three and 2) Defendants Norton and Owens’ (Federal Defendants’) motion to dismiss. For reasons discussed below, the Federal Defendants’ motion is DENIED, Plaintiff’s motion for partial summary judgment on Counts Two and Three is GRANTED, and the remaining motions are DENIED as moot.