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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.

United States of America v. Charles Edward Hatten 08/14/2003
3:02-cr-00232

Order

Currently pending before the Court is Defendant Charles Edward Hatten’s “Motion for an Order Barring the Government From Seeking the Death Penalty due to a Failure to Provide Reasonable Notice of Intent to Seek the Death Penalty Prior to Trial or an Evidentiary Hearing, or, in the Alternative, Motion for Additional Preparation Time and Memorandum in Support.”  On July 28, 2003, Defendant appeared in person and with counsel to argue the motion.  Upon considering the arguments made by defense counsel and the Government, the Court GRANTS Defendant’s motion for the following reasons.

Author:
Robert C. Chambers
Comella Baisden v. Bayer Corporation and James W. Endicott, M.D. 08/10/2003
2:03-cv-00526

Memorandum Opinion and Order

Pending is Plaintiff’s motion to remand this action to the Circuit Court of Kanawha County, West Virginia, which the Court DENIES.

Author:
Charles H. Haden II
Darla George Ingles v. State Farm Mutual Automobile Insurance Company 08/07/2003
2:02-cv-00033

Memorandum Opinion and Order

Pending is Plaintiff’s renewed motion for summary judgment on a single issue remaining for disposition in this action.  The Court DENIES the motion and ORDERS the case DISMISSED and STRICKEN from the docket.

Author:
Charles H. Haden II
Nathan B. Harvey v. Mingo Logan Coal Company 08/05/2003
2:02-cv-01177

Memorandum Opinion and Order

Pending before the court are: (1) the motion of the plaintiff, Nathan B. Harvey, for leave to file a second amended complaint [Docket 27] and (2) the motion of the defendant, Mingo Logan Coal Company (Mingo), for partial summary judgment [Docket 34].  Federal Rule of Civil Procedure Rule 15(a) permits amendment of a complaint after a responsive pleading has been filed “only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.”  The court finds that the interests of justice are served by a liberal policy toward amendments, and therefore GRANTS the plaintiff’s motion for leave to file a second amended complaint.1 For the reasons discussed below, the court also GRANTS the defendant’s motion for partial summary judgment.

Author:
Joseph R. Goodwin
Douglas M. Ratliff v. John Workman, et al. 07/31/2003
2:03-cv-00485

Memorandum Opinion and Order

Pending before the court is the plaintiff’s motion to remand [Docket 5].  The plaintiff seeks to remand this civil action to the Circuit Court of Boone County, West Virginia pursuant to 28 U.S.C. § 1447.  The plaintiff alleges that removal of the action was untimely because two of the four defendants failed to file a timely notice of removal within the thirty day period set forth in 28 U.S.C. § 1446(b).  For the reasons stated below, the court DENIES the plaintiff’s motion to remand.

Author:
Joseph R. Goodwin
Thomas Toney and Shawn Toney v Family Dollar Stores, Inc., et al. 07/29/2003
2:02-cv-00338

Memorandum Opinion and Order

Pending is Defendants’ motion to dismiss for lack of personal jurisdiction or, alternatively, to transfer this action to the Western District of Virginia.  These motions are DENIED.

Author:
Charles H. Haden II
Zelma Boggess v. Housing Authority of the City of Charleston 07/25/2003
2:02-cv-00484

Memorandum Opinion and Order

Currently pending before the court is the Amended Motion for Summary Judgment on behalf of Defendants with Regard to Counts I, III, IV, VI and VIII of Plaintiff’s Complaint and the Defendants’ Individual Liability, filed April 11, 2003.  (Docket Sheet Document # 54.)  The parties have responded (# 90) and replied (# 102) and, with leave of court, Plaintiff filed a surreply as well (# 106). Pursuant to 28 U.S.C. § 636(c)(1), the District Court, upon consent of the parties, designated the undersigned to conduct all proceedings in this matter.  (# 16.)

Author:
Mary E. Stanley
Eastern Associated Coal Corp. v. Shelby Skaggs 07/23/2003
2:03-cv-00308

Memorandum Opinion and Order

Pending are plaintiff Eastern Associated Coal Corporation's petition to compel arbitration [Docket 3] and defendant Shelby Skaggs's motion to dismiss [Docket 8] and motion to file a joint memorandum [Docket 6]. For the following reasons, the court DENIES the plaintiff's petition to compel arbitration and GRANTS Mr. Skaggs's motion to dismiss. The court also DISMISSES as moot Mr. Skaggs's motion to file a joint memorandum.

Author:
Joseph R. Goodwin
Pine Ridge Coal Company v. Phillip A. Loftis 07/18/2003
2:03-cv-00342

Memorandum Opinion and Order

Pending are plaintiff Pine Ridge Coal Company’s petition to compel arbitration [Docket 4] and defendant Phillip Loftis’s motion for summary judgment [Docket 6].  For the following reasons, the court GRANTS the plaintiff’s petition to compel arbitration, DENIES Mr. Loftis’s motion for summary judgment, ORDERS Mr. Loftis to submit to the grievance-arbitration process all claims asserted in the case of Loftis v. Pine Ridge Coal Company, Civ. Act. No. 03-C-23, now pending in Boone County Circuit Court, and ENJOINS Mr. Loftis from further prosecuting his claims in state court.

Author:
Joseph R. Goodwin
District 17, United Mine Workers of America, and john Craft v. Brunty Trucking Company 07/01/2003
2:02-cv-00998

Memorandum Opinion and Order

Pending is a motion for summary judgment filed by the plaintiffs [Docket 26].  For the following reasons, the court GRANTS the motion, ORDERS Brunty to reimburse Mr. Craft $3,359.27 for his past medical expenses, and ORDERS Brunty to provide Mr. Craft with lifetime health benefits as required by the collective bargaining agreement.

Author:
Joseph R. Goodwin

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