You are here

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.

3:17-cv-01902

Memorandum Opinion and Order

Pending before the Court is Defendants’ Partial Motion to Dismiss (ECF No. 9). As explained below, the Court GRANTS, IN PART, and DENIES, IN PART, Defendants’ Partial Motion to Dismiss. Plaintiff’s Harless claim, in Count IV, premised upon the WVHRA is DISMISSED. But, Plaintiff’s Harless claim, also in Count IV, premised upon the FMLA remains viable.

Author:
Robert C. Chambers
1:17-cv-00642

Amended Memorandum Opinion and Order

This civil action questions the constitutionality of a longstanding Bible in the Schools (“BITS”) program administered in many of the elementary and middle schools throughout Mercer County, West Virginia.  Plaintiffs, Freedom From Religion Foundation, Inc., Jane Doe and her child Jamie Doe, and Elizabeth Deal and her child Jessica Roe, allege the BITS program violates the Establishment Clause and request an injunction prohibiting defendants from administering BITS in the future.  Elizabeth Deal and Jessica Roe also seek nominal damages. For the reasons that follow, defendants’ motion to dismiss, ECF No. 25, is GRANTED without prejudice.

Author:
David A. Faber
3:17-cv-01300

Memorandum Opinion and Order

Pending before the Court is West Virginia Regional Jail and Correctional Facility Authority’s Motion to Dismiss Plaintiff’s Complaint (ECF No. 13). For reasons specified herein, the Court GRANTS the motion and DISMISSES West Virginia Regional Jail and Correctional Facility Authority as a defendant in this case.

Author:
Robert C. Chambers
2:16-cr-00177

Memorandum Opinion and Order

Fifteen weeks ago, I rejected the proffered plea agreement in the case of United States v. Charles York Walker, Jr.1 after determining that it was not in the public interest. I must now decide whether, under Rule 11 of the Federal Rules of Criminal Procedure, to accept or reject the plea agreement between the defendant, Mr. Antoine Dericus Wilmore, and the government. As I noted in Walker, while Rule 11 gives defendants and prosecutors the ability to enter into plea agreements, it also obligates judges to accept or reject those agreements.2 Rule 11 is silent on what I should or may consider in my decision.

Author:
Joseph R. Goodwin
2:16-cr-00174

Memorandum Opinion and Order

Pending before the court is Defendant’s Motion for Recusal [ECF No. 57]. For the reasons stated below, the motion is DENIED.

Author:
Joseph R. Goodwin
3:16-cv-01879

Memorandum Opinion and Order

Pending before the Court is Defendant Cardinal Transport LLC’s Motion in Limine to Exclude Expert Testimony and Life Care Plan of Lisa Westfall. ECF No. 100. For the following reasons the Court DENIES the Motion.

Author:
Robert C. Chambers
2:17-cr-00023

Memorandum Opinion and Order

On July 20, 2017, I sentenced the defendant, Shon Wayne Cobbs. During that hearing, I determined that the defendant’s prior unlawful wounding conviction under W. Va. Code § 61-2-9(a) constituted a prior conviction for a “crime of violence” under the United States Sentencing Commission Guidelines Manual (“USSG”) §§ 2K2.1 and 4B1.2(a)(1). I further explain my reasoning herein.

Author:
Joseph R. Goodwin
1:17-cr-00946

Memorandum Opinion and Order

This civil action was filed in the Circuit Court of McDowell County, West Virginia, and removed to this court by the defendants who maintain that this court has diversity of citizenship jurisdiction.  The plaintiff has filed a motion to remand that is now before the court for decision.  (ECF No. 26). For reasons discussed below, the motion to remand is DENIED.

Author:
David A. Faber
3:16-cv-01879

Memorandum Opinion and Order

Pending before the Court are Defendant Cardinal Transport’s Motion Summary Judgment, ECF No. 72, and Motion to Strike and Exclude Untimely Evidence, ECF No. 84. For the reasons explained in the following Memorandum Opinion the Court GRANTS in part and DENIES in part the Motion for Summary Judgment, and DENIES the Motion to Strike.

Author:
Robert C. Chambers
2:17-cr-00010

Memorandum Opinion and Order

The court must decide whether, under Rule 11 of the Federal Rules of Criminal Procedure, to accept or reject the plea agreement between the defendant, Mr. Charles York Walker, and the government. While Rule 11 gives defendants and prosecutors the ability to enter into plea agreements, it also obligates judges to accept or reject those agreements.1 Rule 11 is silent on what the court should or may consider in its decision.

Author:
Joseph R. Goodwin

Pages