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.
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.
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.
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.
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
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.
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.
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.
Memorandum Opinion And Order
Pending is Defendant Kevin Legrand’s objection to the draft Presentence Investigation Report (“Report” or “PSR”). Mr. Legrand was scheduled for sentencing on October 4, 2024. [ECF 52]. The parties were directed to file cross-briefs respecting whether Mr. Legrand was entitled to a two-level downward adjustment under the statutory Safety Valve, 18 U.S.C. § 3553(f), and corresponding United States Sentencing Guidelines provision, U.S.S.G. § 2D1.1(b)(18). [ECF 52]. The parties filed their briefs on October 21, 2024. [ECF 53, 54]. Mr. Legrand responded to the Government’s brief on October 28, 2024. [ECF 55]. On January 16, 2025, the Court entered an order directing the parties to address the percolating circuit split regarding the interpretation of the word “offense” as used in 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2(a)(2). [ECF 61]. Mr. Legrand filed an opening brief January 30, 2025. [ECF 62]. The Government responded February 18, 2025. [ECF 64]. Mr. Legrand replied February 20, 2025. [ECF 66].
Memorandum Opinion And Order
Pending is Defendant Jesse Robert Phillips’ objection to the Presentence Investigation Report (“PSR”). Mr. Phillips objects to the PSR’s computation of his criminal history points in Paragraphs 74 and 75 pursuant to U.S.S.G. § 4A1.2 and the resulting application of the career offender enhancement under § 4B1.1.
Memorandum Opinion and Order
Pending are Plaintiffs' Motion for Class Certification as to PrimeCare Defendants [ECF 1181], filed November 22, 2024, and Plaintiffs' Motion for Class Certification as to Wexford Defendants [ECF 1185], filed November 25, 2024. Defendants responded on December 23, 2024, [ECFs 1208, 1209], and Plaintiffs replied on December 30, 2024, [ECF 1211]. The matter is ready for adjudication.