Corrective Order
The Court AMENDS its Memorandum Opinion and Order filed May 29, 2001.
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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.
2:00-cv-01062
Author:
Charles H. Haden II
2:00-cv-01062
Memorandum Opinion andPreliminary Injunction Hearing Order
Pending is Plaintiff’s motion for a preliminary injunction on Count 4 of the Complaint. For reasons discussed below, the Court DISMISSES this action against the Defendant Director (now Secretary) of the West Virginia Division of Environmental Protection (DEP) because it is barred by the Eleventh Amendment of the United States Constitution. Consequently, the Court lacks jurisdiction to entertain Plaintiff’s motion for the injunction, and it is DENIED.
Author:
Charles H. Haden II
5:00-cv-01172
Order
Pending before the Court is Defendant Monroe Scarbro's February 1, 2001 supplemented motion to dismiss. For the reasons discussed below, Defendant's motion is DENIED WITHOUT PREJUDICE.
Author:
Robert C. Chambers
2:00-cv-01006
Opinion and Order
Pending before the court is the Motion to Dismiss for lack of Subject Matter Jurisdiction or, in the Alternative, Failure to State a Claim, filed by the United States of America (United States). For the reasons discussed below, the motion is GRANTED.
Author:
Joseph R. Goodwin
3:97-cv-01214
Order Granting Dismissal of Defendant Apfel
Defendant Kenneth S. Apfel, Commissioner of the Social Security Administration (SSA), moved to dismiss the Third Amended Complaint on two grounds. First, Defendant Apfel contends that Plaintiffs’ claims against him are barred by the Administrative Procedures Act (APA) which precludes judicial review of decisions “committed to agency discretion.” Second, Defendant Apfel asserts that Plaintiffs failed to exhaust their administrative remedies and cannot justify waiver of the exhaustion requirement. For the reasons that follow, the Court agrees with Defendant Apfel’s first argument and, therefore, GRANTS his motion and DISMISSES him from this action.1
Author:
Robert C. Chambers
5:00-cv-00360
Memorandum Opinion and Order
Pending are cross-motions for summary judgment on behalf of Plaintiff Erie Insurance Property & Casualty (Erie) and Defendant Susan Keneda.1 As discussed below, the Court GRANTS Plaintiff’s motion and DENIES Defendant’s motion.
Author:
Charles H. Haden II
2:00-cv-01055
Memorandum Opinion and Order
Pending is the joint motion to compel arbitration and dismiss or, in the alternative, to stay the case, filed by Defendants Chase Manhattan Bank and Saxon Mortgage. The Court DENIES the motion without prejudice.
Author:
Charles H. Haden II
2:01-cv-00022
Memorandum Opinion and Order
Pending is Plaintiff Carrie K. Mabry' s (Mabry) motion to dismiss Defendant Wal-Mart Stores, Inc.'s (Wal-Mart) Counterclaim.1 The Court GRANTS the motion.
Author:
Charles H. Haden II
5:00-cv-00495
Memorandum Opinion and Order
This action arises out of the alleged negligence of John H. Pellegrini, D.O., in performing an hysterectomy on Plaintiff, and of defendant Raleigh General Hospital (“Raleigh General”) in granting and continuing staff privileges to Dr. Pellegrini. At the time of the surgery, Dr. Pellegrini was an agent and employee of an entity covered by the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq.
Author:
Mary S. Feinberg
2:00-cv-01062
Memorandum Opinion and Order
Pending is the motion of Defendant Director, West Virginia Division of Environmental Protection (DEP, the State Defendant) to dismiss this action because, inter alia, it is barred by the Eleventh Amendment of the United States Constitution.2 The motion is DENIED.
Author:
Charles H. Haden II