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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.

State of West Virginia v. United States Department of Health and Human Services, et al. 03/07/2001
2:98-cv-01150

Memorandum Opinion and Order

Pending before the court are the plaintiffs Motion for Preliminary Injunction and the parties' cross-motions for summary judgment. The plaintiff filed this suit against the United States Department of Health and Human Services ("DHHS"), its then-Secretary, Donna Shalala and then Administrator of the Heath Care Financing Administration ("HCFA"), Nancy-Ann Min DeParle,1 asking the court to declare that the 1993 amendments to 42 U.S.C. § I 396p are unconstitutional and to enjoin the defendants from enforcing the amendments. At issue is the requirement in these amendments that states recover from the estates of certain Medicaid recipients reimhursement for nursing home and other long-term care benefits (hereinafter the "estate recovery program").

Author:
Joseph R. Goodwin
In Re: Mountain Laurel Resources Company, et al. v. Roy V. Wolfe, III, et al. 02/16/2001
5:00-cv-00610

Memorandum Opinion and Order

Pending is the appeal by Lewis Law (Law) and Mining Management, Inc. (MMI)1 of a final judgment of the bankruptcy court denying their motion to proceed to trial against CSX Minerals and the CSX Entities.  Because the Court finds the bankruptcy court properly interpreted its own order, the judgment below is AFFIRMED.

Author:
Charles H. Haden II
Donna Miller v. BAS Technical Employment Placement Company, et al. 02/01/2001
2:00-cv-00896

Memorandum Opinion and Order

Pending is Plaintiff's motion to remand. The Court DENIES the motion without prejudice.1

Author:
Charles H. Haden II
Carter Enterprises, Inc. v. Ashland Specialty Co., Inc. 01/30/2001
3:00-cv-00294

Order

This case is an appeal from the denial by the bankruptcy judge of Appellant's objections to Appellee's proof of claim and the February 17, 2000 judgment order of the bankruptcy court.  The Court disposes with oral argument because the facts and legal arguments are adequately presented in the briefs and in the record, and the decisional process would not be significantly aided by oral argument.  See FED. R. BANKR. P. Rule 8012.  For the reasons set forth below, the Court AFFIRMS the judgment order of the bankruptcy court.

Author:
Robert C. Chambers
Canal Insurance Company v. Christal Pearl Blankenship, et al. 01/30/2001
5:00-cv-00143

Memorandum Opinion and Order

Pending are cross-motions for summary judgment by 1) Plaintiff Canal Insurance Company (Canal); 2) Defendants Christal Pearl Blankenship, Rebecca Keneda, and Robert Blankenship (Blankenship Defendants); and 3) Defendant Susan Keneda.  As discussed below, the Court GRANTS Plaintiff’s motion and DENIES Defendants’ motions.

Author:
Charles H. Haden II
United States of America v. Timothy Jenkins 01/23/2001
6:00-cv-00254

Order

On January 18, 2001, Timothy Jenkins (“the defendant”) appeared before this court and pled guilty to violating 18 U.S.C. § 922(u) and 924(i)(1) and 18 U.S.C. § 2.  Specifically, the defendant pled guilty to aiding and abetting the theft of five handguns from a federally licensed dealer.  After accepting the defendant’s guilty plea, the court denied the defendant release on bail pending sentencing.  The court found that aiding and abetting the theft of firearms from a federally licensed dealer is a crime of violence for the purpose of determining eligibility for release pursuant to 18 U.S.C. § 3143.  The court writes now to explain its decision.

Author:
Joseph R. Goodwin
Jewell L. Burton and Steven Burton v. United States of America 01/23/2001
3:00-cv-00009

Memorandum Opinion and Order

Pending before the Court is the government’s motion to amend its answer.  For the reasons set forth below, the Court GRANTS the motion.

Author:
Robert J. Staker
Calvin T. Young v. Dr. Joyce Conley 01/23/2001
5:00-cv-00998

Memorandum Opinion and Order

Pending is Petitioner’s application under 28 U.S.C. § 2241 for a writ of habeas corpus based on a challenge to his sentence pursuant to Apprendi v. New Jersey, 120 S.Ct. 2348 (2000). The petition was previously referred to the Honorable Mary S. Feinberg, United States Magistrate Judge, who has submitted her Findings and Recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B). Petitioner has filed objections to the Findings and Recommendation. Following de novo review of Petitioner’s objections, the Court DENIES the application with prejudice.

Author:
Charles H. Haden II
Michael H. Holland, et al. v. Cedar Creek Mining, Inc., et al. 01/18/2001
2:99-cv-00235

Memorandum Opinion and Order

Pending is the plaintiffs’ Motion to Exclude Changes in Deposition Testimony of Defendant Larry Cline.  Larry Cline (“Cline”) gave a deposition on November 23, 1999.  He filed an errata sheet for that deposition on October 6, 2000, making substantive changes to his testimony.  Pursuant to Rule 30(e) of the Federal Rules of Civil Procedure, the court FINDS that, although Cline’s errata sheet was timely filed, he has failed to provide any reasons for his changes as required by the rule.  Accordingly, the plaintiffs’ motion is GRANTED.

Author:
Joseph R. Goodwin
Edward D. Carter v. Kenneth S. Apfel 01/17/2001
5:97-cv-00600

Proposed Findings and Recomendation

This is an action seeking review of the final decision of the Commissioner of Social Security denying the Plaintiff’s application for disability insurance benefits (DIB) and supplemental security income (SSI), under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-433, 1381-1383f. By standing order, this case was referred to this United States Magistrate Judge to consider the pleadings and evidence, and to submit proposed findings of fact and recommendation for disposition, all pursuant to 28 U.S.C. § 636(b)(1)(B). Presently pending before the court are the parties’ cross-motions for judgment on the pleadings.

Author:
Mary S. Feinberg

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