Memorandum Opinion And Order
The law is clear: all persons present within our country are entitled to due process. The plain text of our Constitution says this explicitly.
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2:26-cv-00045
Author:
Thomas E. Johnston
2:26-cv-00049
Memorandum Opinion And Order
This case does not arise in isolation.
The court is aware that similar seizures and detentions are occurring increasingly across the country.1 Individuals are stopped during ordinary civilian activity, taken into custody for civil immigration purposes, and confined in local jails without prompt hearings, without individualized findings, and often far from counsel, family, or community. That broader context matters, especially when assessing constitutional risk.1
Author:
Joseph R. Goodwin
5:25-cr-00067
Memorandum Opinion And Order
Pending is Defendant Nathaniel Wilburn’s Motion to Suppress, filed September 9, 2025. [ECF 24]. The Government responded on October 1, 2025. [ECF 32]. Mr. Wilburn replied on October 8, 2025. [ECF 33]. On October 22, 2025, the Court held an evidentiary hearing. [ECF 43]. Mr. Wilburn and Federal Public Defender Wesley P. Page appeared. Also present was Assistant United States Attorney Brian D. Parsons. The Court heard testimony from three witnesses, Corporal Shane Thompson (“Cpl. Thompson”) with the West Virginia State Police, Sergeant Gary Epling (“Sgt. Epling”) with the Raleigh County Sheriff’s Office, and Defendant Nathaniel Wilburn.
Author:
Frank W. Volk
5:24-cv-00543
Memorandum Opinion and Order
Pending are (1) Defendant Erie Insurance Company's ("Erie") Motion for Summary Judgment [ECF 36] and (2) Plaintiffs Kaitlyn and Mitchell Dickens' Partial Motion for
Summary Judgment [ECF 38], both filed August 25, 2025. The parties filed their respective responses on September 8, 2025. [ECF 40, 41]. Erie replied on September 15, 2025. [ECF 42]. The matter is ready for adjudication.
Author:
Frank W. Volk
2:24-cv-00604
Memorandum Opinion and Order
Pending are Motions to Dismiss Plaintiff's First Amended Complaint by Defendants Adam Wilson and Robin Fryer [ECF 23, 25], filed March 7, 2025. Plaintiff Avani Resources Pte, Ltd. ("Avani") responded in opposition to both Motions [ECF 37], to which Defendants replied. [ECF 38, 39]. Avani was given leave to file a surreply, which was filed on April 22, 2025. [ECF 45]. The matter is ready for adjudication.
Author:
Frank W. Volk
2:25-cv-00259
Memorandum Opinion And Order
Pending before the court is Defendants Joseph Milam and West Virginia State Police's ("WVSP") Motion to Dismiss, [ECF No. 9]; Defendants Deputy Pierson and Deputy Fox's Motion to Dismiss, [ECF No. 11]; and Defendant Fayette County Commission's ("FCC") Motion to Dismiss, [ECF No. 26]. Plaintiff Ernest Tilley timely responded to each motion, [ECF Nos. 14, 15, 28], to which each Defendant timely replied, [ECF Nos. 16, 17, 30]. The matters are ripe for review.
Author:
Joseph R. Goodwin
3:24-cv-00042 (Lead) (WDNC)
Memorandum Opinion And Order
Pending is Appellants Wilson Buckingham, Agelika Weiss, Robert Semian and Other Clients of MRHFM, and the Official Committee of Asbestos Personal Injury Claimants’ (collectively “Appellants”) Consolidated Motion for Leave to Appeal [ECF 39], filed August 28, 2025. On September 11, 2025, Debtors Bestwall LLC, Aldrich Pump, LLC, and Murray Boiler, LLC (collectively “Debtors”) responded in opposition [ECF 44], to which Appellants replied [ECF 46] on September 19, 2025.1
Author:
Frank W. Volk
5:25-cr-00058
Memorandum Opinion And Order
Pending is Defendant Paul Jeremiah Buckner’s Motion to Suppress Evidence [ECF 25], filed June 30, 2025. The Government responded in opposition on July 15, 2025. [ECF 29]. The Court held an evidentiary hearing on July 22, 2025, at which Park Service Rangers Logan Hartsog and Adam Brown testified. [ECF 40]. Thereafter, the Court directed the parties to file posthearing briefs. [ECF 41]. The parties filed additional briefing on August 12, 2025. [ECF 49, 50]. Mr. Buckner replied on August 13, 2025. [ECF 51]. The matter is ready for adjudication.
Author:
Frank W. Volk
2:25-cr-00107
Memorandum Opinion And Order
Pending before the court is Defendant's Motion to Reopen Detention Hearing, [ECF No. 38]. The Government responded, [ECF No. 43], and the court held a hearing on the motion. After carefully reviewing the parties' arguments, the Defendant's motion is GRANTED.
Author:
Joseph R. Goodwin
2:24-cv-00701
Memorandum Opinion And Order
This case is simple and all too familiar. For years, Defendant Chemours Company has discharged pollutants into the Ohio River. The level of discharge far exceeds the legal limits that bind Chemours. Those pollutants endanger the environment, aquatic life, and human health. Today, that unlawful, unpermitted discharge stops.
Author:
Joseph R. Goodwin