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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.

5:01-cv-00699

Memorandum Opinion and Order

This case is an appeal of the bankruptcy court's Order of October 12, 2000, as amended on November 21, 2000, which denied a motion by Plaintiffs below and Appellants herein to remand their wage payment and collection action to the Circuit Court of Raleigh County, West Virginia. In their brief, Appellants assert the bankruptcy court erred because it did not have jurisdiction over their state action and the removal petition was procedurally and substantively infirm. American Metals & Coal International, Inc. (American), AMCI Resources, Inc. (AMCI), and Westmoreland Coal Company (Westmoreland), Pocahontas Land Corporation (Pocahontas), and Thomas H. Fluharty, Appellees herein, have responded to Appellants' appeal and assert the bankruptcy court's decision should be affirmed because the judge properly found Appellants' case was a "core" proceeding within the meaning of28 U.S.C. § 157, there were no defects in the removal procedure, and the principles of abstention and equitable remand are unwarranted under the circumstances.1 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. 8012.2 For the reasons set forth below, the Court AFFIRMS the decision of the bankruptcy court.

Author:
Robert C. Chambers
2:02-cv-00249

Memorandum Opinion and Order

Pending are 1) Defendant's motion to dismiss and Plaintiff's motions 2) for partial summary judgement and 3) for an extension of time to respond to Defendant's motion.

Author:
Charles H. Haden II
5:02-cv-00415

Memorandum Opinion and Order

Pending is Defendants’ motion to dismiss.  The motion is DENIED.

Author:
Charles H. Haden II
5:02-cv-00498

Memorandum Opinion and Order

This civil action, filed originally in the Circuit Court of Greenbrier County, West Virginia, was removed to this court by the defendant. The plaintiffs have filed a motion to remand. For the reasons discussed below, the motion to remand is DENIED.

Author:
David A. Faber
2:01-cv-00420

Order

Pending before the court are the defendants Cambria County Association's and Superior Filter Company's motions for summary judgment [ dockets # 124 & 126]. For the reasons discussed below, the court GRANTS the defendants' motions.

Author:
Joseph R. Goodwin
2:02-cv-00368

Memorandum Opinion and Order

Pending before the court are (1) Petitioner's Motion to Quash Respondent's Notice of Deposition Pending Decision Pursuant to Fed. R. Civ. P. 26(C) (1), filed May 17, 2002 (Document# 14); and (2) Motion to Quash or for Protective Order, filed May 28, 2002, by nonparties, Frank Hornick and his employer, District 1199, the Service Employees International Union (Document# 20). The parties and nonparties have responded and replied, the court heard oral argument on July 2, 2002, and the motions are ripe for decision.

Author:
Mary E. Stanley
5:02-cv-00304

Memorandum Opinion and Order

Pending are the motions of Plaintiff Hutchens to remand and Defendant Progressive Paloverde Insurance Company ("Progressive") to dismiss this action based either on Plaintiff's lack of standing or on failure to state a claim upon which relief can be granted. Plaintiff's motion is DENIED, Defendant's motion to dismiss under Rule 12(b){6) is GRANTED and its motion to dismiss for lack of standing is DENIED as moot.

Author:
Charles H. Haden II
2:95-cv-01098

Memorandum Opinion and Order Granting Preliminary Approval of Settlement

Pending are (1) Plaintiffs’ motions (a) for preliminary approval of settlement, and (b) for orders implementing the distribution process; and (2) Defendant’s motion for enlargement of time in which to submit its memorandum supporting the motion for preliminary approval.  The Court GRANTS the motions.

Author:
Charles H. Haden II
2:00-cv-00967

Memorandum Opinion and Amended Judgment Order

On June 17, 2002 came the Defendant in person and with counsel, Aimee Jackson, third year law student, and Professor C. Elizabeth Belmont, Director of the Alderson Legal Assistance Program at Washington and Lee School of Law, and came the Government by John J. Frail and also came the Probation Officer, Larry Crawford, for a resentencing hearing.

Author:
Charles H. Haden II
2:01-cv-00770

Memorandum Opinion and Order

Pending are the motions of the Defendants, officers of the Army Corps of Engineers (“Corps”), and Intervenor-Defendants (together “Movants”) for a stay pending appeal and for clarification of the Court’s injunction order of May 8, 2002.  Also pending are motions by Plaintiff for further injunctive relief and by Intervenor-Defendant Kentucky Coal Association to dismiss for failure to join a necessary party or, alternatively, to transfer venue.

Author:
Charles H. Haden II

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