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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.

Lee Ann Sommerville, et al., V. Union Carbide Corporation 05/13/2024
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
Ann Barclay deWet and Laurence Smith V. G.Russell Rollyson 05/09/2024
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
United States Of America V. Paul Richard Massey 02/05/2024
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
Komatsu Financial Limited Partnership, V. Kirby Land Company, Inc. 01/30/2024
5:18-cv-01336

MEMORANDUM OPINION AND ORDER

Pending are Plaintiff Komatsu Financial Limited Partnership’s (“Komatsu”) (1) Renewed Motion for Order of Payment By Southern Coal Corporation (“Southern”) to Komatsu Pursuant to Suggestion [ECF Nos. 182-2; 220], filed April 28, 2023, and (2) First Amended Motion for Further Proceedings Pursuant to W. Va. Code § 38-5-18 on James C. Justice Companies, Inc.’s (“JCJC”) Answer to Suggestion (“First Amended Motion”) [ECF 199], filed May 31, 2023.

Author:
Frank W. Volk
North Avenue Capital, LLC, V. Ranger Scientific LLC 09/15/2023
2:22-cv-00168

Memorandum Opinion And Order

Pending before the court are cross-motions for summary filed by Defendant Ranger Scientific, LLC (“Ranger”) [ECF No. 51], and Plaintiff North Avenue Capital, LLC (“NAC”), [ECF No. 53]. Because the motions raise substantially similar arguments in favor of summary judgment, I will dispose of them together. For the reasons stated herein, NAC’s Motion [ECF No. 53] is DENIED, and Ranger’s Motion [ECF No. 51] is GRANTED.

Author:
Joseph R. Goodwin
Jonathan R., et al. v. Jim Justice, et al. 08/25/2023
3:19-cv-00710

Memorandum Opinion And Order

Pending before the court is Defendants’ Motion to Disqualify Next Friends. [ECF No. 341]. Plaintiffs have responded in opposition. [ECF No. 359]. For the reasons stated herein, the motion is DENIED.

Author:
Joseph R. Goodwin
Jonathan R. v. Jim Justice 08/17/2023
3:19-cv-00710

Memorandum Opinion And Order

Pending before the court is Plaintiffs’ Renewed Motion for Class Certification and Appointment of Class Counsel. [ECF No. 318]. For the reasons explained below, the motion is GRANTED in part and DENIED in part.

Author:
Joseph R. Goodwin
Kristin M. Kingrey V. Christine Wormuth 08/10/2023
2:21-cv-00612

Memorandum Opinion And Order

Pending before the court is Defendants’ Motion to Dismiss and/or for Summary Judgment. [ECF No. 42]. The motion offers several arguments in favor of dismissal, but the dispositive issue in this case is whether the intra-military immunity doctrine deprives this court of jurisdiction over the claims asserted by Plaintiff, a dual-status technician with both military and civilian roles. For the reasons explained below, I find that it does. Defendants’ motion is GRANTED.

Author:
Joseph R. Goodwin
Andrew T. Miller V. William K. Marshall, Et Al. 07/18/2023
2:23-cv-00304

Memorandum Opinion And Order

Pending before the court is Plaintiff’s Motion for Preliminary Injunction [ECF No. 5], and Defendants’ Motion to Dismiss or, in the Alternative, Motion for Summary Judgment [ECF No. 13].

Author:
Joseph R. Goodwin
United States of America, v. Lloyd B. Carr 06/21/2023
6:12-cr-00210

Memorandum Opinion and Order

Granting Motion to Adjust Payment Plan Pursuant to 18 U.S.C. § 3664(k)

Author:
Joseph R. Goodwin

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