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 Amended Judgment Order
On June 17, 2002 came the Defendant in person and with counsel, Aimee Jackson, third year law student, and Professor C. Elizabeth Belmont, Director of the Alderson Legal Assistance Program at Washington and Lee School of Law, and came the Government by John J. Frail and also came the Probation Officer, Larry Crawford, for a resentencing hearing.
Memorandum Opinion and Order
Pending are the motions of the Defendants, officers of the Army Corps of Engineers (“Corps”), and Intervenor-Defendants (together “Movants”) for a stay pending appeal and for clarification of the Court’s injunction order of May 8, 2002. Also pending are motions by Plaintiff for further injunctive relief and by Intervenor-Defendant Kentucky Coal Association to dismiss for failure to join a necessary party or, alternatively, to transfer venue.
Memorandum Opinion and Order
Pending is Petitioners’ Application for Confirmation of Arbitrator’s Award. The Court GRANTS the Application.
Memorandum Opinion and Order
Pending is the parties’ briefing with respect to the applicability of Apprendi v. New Jersey , 530 U.S. 466 (2000) to certain potential penalties faced by Defendant in the midst of a petition to revoke his supervised release for the second time.
Memorandum Opinion and Order
On May 2, 2002 the Court heard evidence on Defendant’s motion to suppress. As set forth below, the Court DENIES the motion.
Memorandum Opinion and Order
Prior to removal, Plaintiff Donna Miller, in her individual and representative capacity, filed a seven hundred (700) page packet of material containing the briefing, record, and hearing transcript relating to the motion to dismiss for lack of personal jurisdiction asserted by Defendant SMS Scholemann-Siemag Inc. (SMS) in state court.
Memorandum Opinion and Order
Pending are cross motions for summary judgment by Plaintiff Kentuckians for the Commonwealth, Inc. (KFTC), Defendant officers of the Army Corps of Engineers (Corps), and Intervenor-Defendants on Count One.
Order Denying Motion for Reconsideration
Pending is Plaintiffs' motion for reconsideration of the Court's Memorandum Opinion and Transfer Order of March 26, 2002, which transferred this action to the Eastern District of Missouri. Plaintiffs object the Court failed to give appropriate deference to Plaintiffs under the first-filed rule. Defendants did not respond timely to the motion, which now is ripe for disposition.
Order
Now pending is defendant Alcon Laboratories, Inc.’s motion for leave to subpoena the Honorable Robert C. Chambers. For reasons discussed below, the motion is DENIED.
Order
Now pending is the United States’s (1) Motion to Dismiss for Lack of Subject Matter Jurisdiction; or in the Alternative, Motion for Summary Judgment; (2) Motion to Preclude the Expert Testimony of John Deck, III; and (3) Motion to Strike John Deck’s Report. For the reasons discussed below, the court DENIES the United States’s Motion to Dismiss, and GRANTS the Motion for Summary Judgment. The court DENIES the United States’s Motion to Preclude Expert Testimony and Motion to Strike as moot.