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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.

Shilman Rocbit, LLC v. American Blasting Consumables, Inc. 10/04/2016
2:16-cv-06745

Memorandum Opinion and Order

Pending before the court are the plaintiff’s Motion to Dismiss the Counterclaims [ECF No. 7], the plaintiff’s Motion to Remand [ECF No. 9] to the Circuit Court of Kanawha County, West Virginia, and the defendant’s Motion to Dismiss and Compel Arbitration [ECF No. 11]. The plaintiff submitted supplemental briefing on the existence of subject matter jurisdiction. Suppl. Br. [ECF No. 13]. For the reasons set forth below, the plaintiff’s Motion to Remand is DENIED, defendant’s Motion to Dismiss and Compel Arbitration is GRANTED, and the plaintiff’s Motion to Dismiss the Counterclaims is DENIED as moot. Accordingly, this matter is DISMISSED with prejudice and the parties are COMPELLED to arbitrate in South Africa under South African Law.

Author:
Joseph R. Goodwin
BrickStreet Mutual Insurance Company v. Zurich American Insurance Company 09/15/2016
2:15-cv-06172

Memorandum Opinion and Order
(Cross-Motions for Summary Judgment)

Pending before the court is the plaintiff BrickStreet Mutual Insurance Company’s (“BrickStreet”) Motion for Summary Judgment [ECF No. 24] and the defendant Zurich American Insurance Company’s (“Zurich”) Motion for Summary Judgment [ECF No. 26]. For the reasons herein, BrickStreet’s Motion for Summary Judgment is GRANTED and Zurich’s Motion for Summary Judgment is DENIED.

Author:
Joseph R. Goodwin
CSS, Inc. v. Christopher Herrington, et al. 09/09/2016
2:16-cv-01762

Order

Pending before the court is the plaintiff’s Unopposed Motion to Alter or Amend Judgment and for Leave to File First Amended Complaint [ECF No. 56], filed on August 26, 2016. The plaintiff filed its Unopposed Motion pursuant to Rule 59(e) and Rule 15(a) of the Federal Rules of Civil Procedure. The plaintiff requests the court to alter or amend its August 18, 2016, Memorandum Opinion & Order [ECF No. 52] (“Order”) and Judgment Order [ECF No. 53] to permit the plaintiff to file an amended complaint.

Author:
Joseph R. Goodwin
CSS, Inc. v. Christopher Herrington, et al. 08/18/2016
2:16-cv-01762

Memorandum Opinion and Order

Pending before the court is the defendants’ Motion to Dismiss [ECF No. 17]. For the reasons detailed below, the Motion is GRANTED.

Author:
Joseph R. Goodwin
United States of America v. Miguel Quinones 08/16/2016
2:16-cr-00116

Memorandum Opinion and Order

Pending before the court is the defendant’s Motion to Recuse [ECF No. 34]. The defendant asks that I recuse myself from this case pursuant to either 28 U.S.C. § 455(b)(5)(ii) or § 455(a) because of my son’s past tenure as United States Attorney for the Southern District of West Virginia. For the reasons discussed below, this Motion is DENIED.

Author:
Joseph R. Goodwin
Doris Scraggs v. NGK Spark Plugs (U.S.A.) Inc. 05/13/2016
2:15-cv-11357

Memorandum Opinion and Order

Pending before the court is the defendant’s Motion to Exclude Plaintiff’s Expert Witness [ECF No. 31]. The Motion is GRANTED.1

Author:
Joseph R. Goodwin
Jeff Ellison v. Credit Acceptance Corporation 04/14/2016
2:16-cv-02369

Memorandum Opinion and Order

Pending before the court is the plaintiff’s Motion to Remand and Request for Reasonable Attorney’s Fees [ECF No. 6]. The defendant filed its Response [ECF No. 9] and the plaintiff filed his Reply [ECF No. 10], so the Motion is now ripe for adjudication. The Motion is GRANTED in part and DENIED in part. 

Author:
Joseph R. Goodwin
Jimmie Gardner v. David Ballard 03/25/2016
2:12-cv-03386

Memorandum Opinion and Order

The issue before the court is the constitutionality of holding a man in prison for more than twenty-five years after the state convicted him using false testimony and the state circuit court inexplicably allowed his habeas petition to languish for over two decades.

Author:
Joseph R. Goodwin
Lone Wolfe Natural Resource Services Inc. v. Arley Johson 03/18/2016
2:16-cv-01701

Memorandum Opinion and Order

Pending before the court is the Combined Motion to Dismiss & Memorandum of Law in Support [ECF No. 3] (“Motion”) filed by the defendant, Arley Johnson.1 The plaintiff, Lone Wolfe Natural Resource Services Inc. (“Lone Wolfe”), did not file a timely response, making the Motion ripe for adjudication. However, for reasons discussed below, the court concludes this case should be STAYED pending the conclusion of the related bankruptcy proceedings. Because these proceedings are stayed, the court DENIES the Motion.

Author:
Joseph R. Goodwin
United Bankshares, Inc., et al. v. First Niagra Bank, et al. 03/04/2016
2:15-cv-11340

Memorandum Opinion and Order

On December 7, 2015, the Clerk of this court entered a Default [ECF No. 40] against B.E. Koncepts, Inc. (“B.E. Koncepts”) and Powell Contracting and Heavy Equipment, Inc. (“Powell”), pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. See also Order, Dec. 7, 2015 [ECF No. 38]. Now pending before the court is the plaintiffs’ Motion for Entry of Judgment Against Defendants Powell and B. E. Koncepts. [ECF No. 42]. For reasons explained below, the Court SETS ASIDE the Default [ECF No. 40], and accordingly, DENIES the Motion for Entry of Judgment [ECF No. 42].

Author:
Joseph R. Goodwin

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