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.
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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.
3:00-cv-00582
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.
Author:
Joseph R. Goodwin
2:02-cr-00010
Memorandum Opinion and Order
Denying Motion to Require Election
Pending is Defendant’s motion to require election and for a bill of particulars. For reasons set forth below, the Court DENIES both demands of the motion.
Author:
Charles H. Haden II
3:00-cv-00009
Memorandum Opinion and Order
Pending before the Court is the government’s motion to amend its answer. For the reasons set forth below, the Court GRANTS the motion.
Author:
Robert J. Staker
2:02-cv-00041
Memorandum Opinion and Order
Pending are the motions of Defendant MortgageStar, Inc. (MortgageStar) for partial dismissal or, alternatively, for partial summary judgment and Fairbanks Capital Corp. (Fairbanks) to dismiss. For reasons discussed below, MortgageStar’s motions are GRANTED in part and DENIED in part; Fairbanks’ motion is DENIED.
Author:
Charles H. Haden II
2:97-cv-00090
Memorandum Order
Thia matter is before the court on the motion of defendant E.I. DuPont De Nemours and Company, Inc. ("DuPont") to exclude the testimony of Dr. Charles Vyvyan Howard and Dr. Randall L. Tackett, plaintiff's causation experts in the above styled toxic tort action, filed December 5, 2001. Inasmuch as plaintiff's principal expert, Dr. Howard, has been extensively deposed on multiple occasions and Dr. Tackett has also been deposed and inasmuch further as the motion has been the subject of extensive submissions by both parties, the court concludes and the parties agree that the record is complete and a hearing on the motion is not needed.
Author:
John T. Copenhaver, Jr.
2:02-cv-00062
Memorandum Opinion and Transfer Order
Pending are the motions 1) of Plaintiffs McJunkin Corporation (McJunkin) and Precision Clean Piping, Inc. (Precision) to transfer a related action from the Eastern District of Missouri to this Court and 2) of Cardinal Systems, Inc. (Cardinal) and O’B, Inc. (O’B) to dismiss for lack of personal jurisdiction or, alternatively, to transfer this action to the Eastern District of Missouri. Defendants’ motion to transfer is GRANTED, and the remainder of the motions are DENIED.
Author:
Charles H. Haden II
2:01-cv-00327
Memorandum Opinion and Order
Pending is Plaintiff’s motion for summary judgment. The Court GRANTS in part and DENIES in part Plaintiff’s motion.
Author:
Charles H. Haden II
2:00-cv-00881
Order
Pending before the court is the Motion to Quash and Request for Protective Order (document # 141), filed by Howard E. Hill, Jr., Superintendent of the West Virginia State Police ("the Superintendent"), which Motion was considered at a hearing on February 19, 2002. Present at the hearing were Timothy C. Bailey for Plaintiff, Jeffrey K. Phillips for defendant Barlow, Travis S. Haley for defendant Town of Oceana, and John Hoyer for the Superintendent.
Author:
Mary E. Stanley
2:00-cv-01062
Memorandum Opinion and Order
Pending are Plaintiff's motions for (1) leave to file an amended and supplemental complaint, (2) injunctive relief on Count 8 of the Amended and Supplemental Complaint, (3) partial summary judgment and a permanent injunction on Counts 2 and 3, and (4) further injunctive relief on Count 3. Intervenor Defendant West Virginia Coal Association's (WVCA's) motion to dismiss also pends. For reasons discussed below, Plaintiff's motion to file an amended and supplemental complaint is GRANTED. All other motions are DENIED.
Author:
Charles H. Haden II