Memorandum Opinion and Order

The plaintiff in this case disagrees with a decision by the Supreme Court of Appeals of West Virginia (“SCAWV”) and asks this court to declare that decision unconstitutional and enjoin its enforcement. But the plaintiff cannot sue the SCAWV or its justices because the plaintiff disagrees with its decision. If the plaintiff disagrees with a SCAWV decision, she may file a petition for a writ of certiorari with the United States Supreme Court. She did that. Accordingly, for bringing this lawsuit when it is clearly barred by the Eleventh Amendment to the United States Constitution, and for the reasons set forth in this opinion, the plaintiff’s counsel, Wendy J. Murphy, is SANCTIONED in the amount of $450, with payment to be made to the court within sixty (60) days of this Order.

Memorandum Opinion and Order

Pending before the court are the Plaintiffs’ Motion for Partial Summary Judgment [Docket 131], and multiple motions for summary judgment filed by the defendants [Dockets 133, 143, and 169]. For the reasons stated below, the following is ORDERED: With respect to Count II (breach of contract), the Plaintiffs’ Motion for Partial Summary Judgment [Docket 131] is GRANTED in part and DENIED in part in accordance with this opinion; the Defendants’ Joint Motion for Summary Judgment [Docket 169] is GRANTED in part and DENIED in part in accordance with this opinion; and the Motion for Summary Judgment of Defendants EQT Corporation, EQT Energy, LLC, EQT Gathering, Inc. EQT Gathering Equity, LLC, EQT Investment Holdings, LLC, and EQT Gathering, LLC [Docket 133] is DENIED. With respect to Count III (breach of fiduciary duty) the defendants’ motions [Docket 133 and 143] are GRANTED. With respect to Count I (failure to account), Count IV (fraud), Count V (negligent misrepresentation), Count VI (civil conspiracy/joint venture), Count VII (aiding and abetting a tort), and Count VIII (punitive damages), the defendants’ motions [Dockets 133, 143, and 169] are DENIED.

Memorandum Opinion and Order

Pending before the court is the plaintiff’s Motion for a Temporary Restraining Order and Preliminary Injunction [Docket 5]. On October 2, 2013, I entered a Temporary Restraining Order [Docket 13] prohibiting the defendants from enforcing Parkersburg Codified Ordinance 347.28. I held a hearing on October 9, 2013, to determine whether to enter a preliminary injunction. For the reasons described below, the plaintiff’s motion is GRANTED. The defendants are ENJOINED from enforcing Parkersburg Codified Ordinance 347.28 pending a trial on the merits.

Memorandum Opinion and Order

Pending are cross-motions for partial summary judgment filed by Plaintiffs Ohio Valley Environmental Coalition, Inc., West Virginia Highlands Conservancy, Inc., Coal River Mountain Watch, and Sierra Club (“Plaintiffs”), ECF No. 55, and Defendant Marfork Coal Co., Inc. (“Marfork”), ECF No. 50.  For the reasons stated below, the Court GRANTS in part Marfork’s motion as to the lack of standing of three of the plaintiffs, but otherwise DENIES the parties’ motions.