You are here

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.

William R. Rhodes, et al. v. E.I. Du Nemours and Company 09/28/2009
6:06-cv-00530

Memorandum Opinion and Order

Pending before the court is the plaintiffs’ Motion for Class Certification [Docket 188]. The plaintiffs seek certification of a class of people allegedly harmed by C-8 contamination of their drinking water supply. The plaintiffs have presented compelling evidence that exposure to C-8 may be harmful to human health, and the evidence certainly justifies the concerns expressed by the plaintiffs in this case. What the plaintiffs misunderstand, however, is what they must show in order for me to certify the class. I cannot certify a class based on some potential harm to the general public, rather, there must be specific injuries to each member of the proposed class. The fact that a public health risk may exist is more than enough to raise concern in the community and call government agencies to action, but it does not show the common individual injuries needed to certify a class action. For the reasons set forth below, this court FINDS that the proposed class does not satisfy Rule 23 of the Federal Rules of Civil Procedure. The motion is DENIED.

Author:
Joseph R. Goodwin
United State of America v. Gerard O'Shea and Kathnell O'Shea 09/08/2009
5:09-mc-00043

Memorandum Opinion and Order

Before the Court are the United States’ Petitions to Enforce Internal Revenue Service Administration Summons [Docket 1].1 For the reasons set forth below, the Petitions are GRANTED IN PART and DENIED IN PART.

Author:
Thomas E. Johnston
United States of America v. Dana Michael Ide 09/01/2009
6:01-cr-00256

Memorandum Opinion and Order

On June 4, 2009, the Government filed a Petition for Revocation of Supervised Release as to Dana Michael Ide, contending that Ide had failed to the submit monthly reports required by the conditions of his supervised release [Docket 196]. On July 17, 2009, Ide filed a Motion to Dismiss the Government’s Petition [Docket 207], and the Government filed a Response on July 28, 2009 [Docket 209]. The question presented by these filings is whether 18 U.S.C. § 3624(e) automatically tolled Ide’s term of federal supervised release for the period that he was in state confinement prior to his state-court conviction, and thus, whether Ide was under supervised release when the Government filed the Petition.

Author:
Joseph R. Goodwin
Carter M. Stover and Brenda L. Stover v. Fingerhut Direct Marketing, Inc. and CIT Bank 08/26/2009
5:09-cv-00152

Memorandum Opinion and Order

Before the Court is Defendants Fingerhut Direct Marketing, Inc. and CIT Bank’s Motion to Dismiss Count I of the Complaint [Docket 7].  For the reasons set forth below, this motion is DENIED.  Also pending is Defendants’ Motion to Accept Filing of Reply Brief [Docket 13].  This unopposed motion is GRANTED.

Author:
Thomas E. Johnston
Eugene Long V. Clyde Blair 08/17/2009
2:09-cv-00349

Memorandum Opinion and Order

Pending is defendant Clyde Blair’s motion to dismiss, filed April 27, 2009.

Author:
John T. Copenhaver, Jr.
United States of America v. Antonio Collins 08/11/2009
2:08-cr-00283

Memorandum Opinion and Order

Pending is defendant Antonio Collins’ motion to suppress evidence, filed March 30, 2009.  The findings of fact that follow are made by a preponderance of the evidence received at the hearing on April 20, 2009.

Author:
John T. Copenhaver, Jr.
Tonya G. White v. Michael J. Astrue 07/23/2009
2:08-cv-00976

Memorandum Opinion

This is an action seeking review of the decision of the Commissioner of Social Security denying Claimant’s applications for disability insurance benefits (“DIB”) and supplemental security income (“SSI”), under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-433, 1381-1383f.  Both parties have consented in writing to a decision by the United States Magistrate Judge.

Author:
Mary E. Stanley
Southern West Virginia Paving, Inc. v. Elmo Greer & Sons, LLC., et al. 06/29/2009
2:09-cv-00342

Order

Pending before the court is Defendant Travelers Casualty and Surety Co. of America’s (“Travelers”) Motion to Dismiss Courts III and IV of Plaintiff Southern West Virginia Paving, Inc.’s (“SWVP”) Complaint [Docket 6].  For the reasons stated herein, the Motion is GRANTED.

Author:
Joseph R. Goodwin
United States of America v. Chad Talada 06/05/2009
5:08-cr-00269

Memorandum Opinion and Order

Before the Court is Defendant’s Motion to Dismiss Indictment [Docket 24].  By Order entered February 25, 2009, this matter was referred to United States Magistrate Judge R. Clarke VanDervort for submission of proposed findings and a recommendation (PF&R).  Magistrate Judge VanDervort filed his PF&R on April 17, 2009 [Docket 31].  In that filing, the magistrate judge recommended that this Court deny Defendant’s motion to dismiss the indictment.  Objections to Magistrate Judge VanDervort’s PF&R were due by May 4, 2009, pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b).  Plaintiff timely filed objections on April 30, 2009.

Author:
Thomas E. Johnston
Loretta Gayle Ballard v. PNC Financial Services Group, Inc. 05/08/2009
5:09-cv-00011

Memorandum Opinion and Order

Pending before the Court is Defendant’s Motion to Quash Insufficient Service of Process [Docket 4].  Plaintiff filed the instant complaint in the Circuit Court of Raleigh County, West Virginia, on November 14, 2008, alleging breach of contract and violations of the West Virginia Consumer Credit and Protection Act.  Defendant filed its Notice of Removal [Docket 1] in this Court on January 7, 2009, and filed its Motion to Quash Insufficient Service of Process [Docket 4] on February 12, 2009.  To date, Plaintiff has not responded to the motion.  Thus, the matter is now ripe for the Court’s consideration.

Author:
Thomas E. Johnston

Pages