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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.

5:23-cv-00628

Memorandum Opinion And Order

Pending is Defendants’ Justin L. Faris, Summers County Commission, and Summers County Sheriff’s Department Motion to Dismiss [ECF 11], filed February 21, 2024. Plaintiffs Dottie J. New and Ralph New (collectively “the News”) responded in opposition [ECF 13] on March 6, 2024, to which Defendants replied [ECF 14] on March 13, 2024

Author:
Frank W. Volk
5:23-cv-00210

Memorandum Opinion And Order

Pending is Defendants West Virginia Division of Corrections and Rehabilitation (“WVDCR”), Aaron Johnson, Johan Radosevich, Ashley Toney, and Nicholas Burton’s(hereinafter, together “the WVDCR Defendants”) Motion to Strike Plaintiff’s Supplemental Rule 26(a)(2) Disclosures [Doc. 233], filed March 1, 2024.1 Plaintiff Miranda Dawn Smith, on behalf of the Estate of Alvis Ray Shrewsbury, responded on March 8, 2024 [Doc. 241], to which the WVDCR Defendants replied on March 18, 2024 [Doc. 247]. The matter is ready for adjudication.

Author:
Frank W. Volk
2:20-cv-00732

ORDER

Pending before the court is Defendants' Motion to Dismiss the Plaintiffs First Amended Complaint, filed by Defendants Charleston Hospital, Inc., Herbert J. Thomas Memorial Hospital Association, THS Physicians Partners, Inc., Thomas Health System, Inc., and Brian Ulery ("Defendants"). [ECF No. 56]. Plaintiff Relator Liesa Kyer ("Relator") responded, [ECF No. 60], and Defendants timely replied, [ECF No. 61].

Author:
Joseph R. Goodwin
5:15-cr-000128

Memorandum Opinion and Order

Pending is Defendant Kenyata E. Smith’s Letter-Form Motion to Seal or Expunge
Record [Doc. 27], filed August 8, 2022.
Ms. Smith seeks expungement of her misdemeanor criminal conviction solely on
equitable grounds, namely that the conviction’s appearance in the National Instant Criminal
Background Check System (“NCIS”) report is interfering with her ability to obtain employment...

Author:
Frank W. Volk
5:24-cv-00072

Memorandum Opinion and Order

Pending is Defendant Greenbrier Outfitters, Inc. d/b/a Broadmoor Outfitters’ (“Broadmoor Outfitters”) Motion to Set Aside Default [Doc. 12], filed May 10, 2024.

Author:
Frank W. Volk
5:23-cv-00547

Memorandum Opinion and Order

Pending is Plaintiff Priscilla Felton’s Motion to Remand [Docs. 6, 7], filed September 13, 2023. Defendant CSX Transportation, Inc. (“CSXT”) filed its Opposition to Plaintiff’s Motion to Remand [Doc. 11] on September 27, 2023, to which Ms. Felton replied [Doc.12] on October 4, 2023. The matter is ready for adjudication.

Author:
Frank W. Volk
5:24-mc-00112

Memorandum Opinion and Order

Pursuant to a Notice to Appear for Petit Jury Service sent by the United States District Clerk’s office on April 16, 2024, Michael Lee Roselle was instructed to report for petit jury service in the United States District Court for the Southern District of West Virginia on April 29, 2024.

Author:
Frank W. Volk
2:19-cv-00878

Memorandum Opinion And Order

This case involves a proposed medical monitoring class action against Defendants Union Carbide Corporation and Covestro, LLC, as the owners and operators of a manufacturing facility (the “Plant”) in South Charleston, West Virginia, for alleged emissions of ethylene oxide (“EtO”), a known carcinogen. Plaintiff and proposed class members reside in neighborhoods surrounding the Plant, and their lawsuit is based on an alleged significant increase in their risk of developing cancer as a result of the Defendants’ alleged EtO emissions.

Author:
Joseph R. Goodwin
1:21-cv-00328

MEMORANDUM OPINION AND ORDER

Pending are Defendant Deputy Commissioner G. Russell Rollyson, Jr.’s Motion for Summary Judgment [ECF 47], and Plaintiffs Ann Barclay deWet and Laurence E.T. Smith’s Motion for Summary Judgment [ECF 51], both filed September 22, 2023.

Author:
Frank W. Volk
5:22-cr-00219

Memorandum Opinion And Order

Pending is Defendant Paul Richard Massey’s Motion to Modify Sentence [ECF 83], filed January 8, 2024. The Government responded on January 16, 2024 [ECF 86]. The matter is ready for adjudication.

Author:
Frank W. Volk

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