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.

Richard L. Ahearn v. Rescare West Virginia 07/25/2002
2:02-cv-00368

Memorandum Opinion and Order

Pending before the court are (1) Petitioner's Motion to Quash Respondent's Notice of Deposition Pending Decision Pursuant to Fed. R. Civ. P. 26(C) (1), filed May 17, 2002 (Document# 14); and (2) Motion to Quash or for Protective Order, filed May 28, 2002, by nonparties, Frank Hornick and his employer, District 1199, the Service Employees International Union (Document# 20). The parties and nonparties have responded and replied, the court heard oral argument on July 2, 2002, and the motions are ripe for decision.

Author:
Mary E. Stanley
Robert F. Hutchens v. Progressive Paloverde Insurance Company, et al. 07/23/2002
5:02-cv-00304

Memorandum Opinion and Order

Pending are the motions of Plaintiff Hutchens to remand and Defendant Progressive Paloverde Insurance Company ("Progressive") to dismiss this action based either on Plaintiff's lack of standing or on failure to state a claim upon which relief can be granted. Plaintiff's motion is DENIED, Defendant's motion to dismiss under Rule 12(b){6) is GRANTED and its motion to dismiss for lack of standing is DENIED as moot.

Author:
Charles H. Haden II
Debra Lynn Henley, et al. v. FMC Corporation 06/25/2002
2:95-cv-01098

Memorandum Opinion and Order Granting Preliminary Approval of Settlement

Pending are (1) Plaintiffs’ motions (a) for preliminary approval of settlement, and (b) for orders implementing the distribution process; and (2) Defendant’s motion for enlargement of time in which to submit its memorandum supporting the motion for preliminary approval.  The Court GRANTS the motions.

Author:
Charles H. Haden II
Toni Lynn Nelson v. United States of America 06/19/2002
2:00-cv-00967

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.

Author:
Charles H. Haden II
Kentuckians for the Commonwealth, Inc. v. Colonel John Rivenburgh, et al. 06/14/2002
2:01-cv-00770

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.

Author:
Charles H. Haden II
Oakwood Mobile Homes, Inc., et al. v. Gail L. Stevens, et al. 05/31/2002
2:02-cv-00241

Memorandum Opinion and Order

Pending is Petitioners’ Application for Confirmation of Arbitrator’s Award.  The Court GRANTS the Application.

Author:
Charles H. Haden II
United States of America v. Clinton Greene 05/21/2002
2:95-cv-00097

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.

Author:
Charles H. Haden II
United States of America v. Samuel James Wyatt 05/16/2002
5:02-cr-00027

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.

Author:
Charles H. Haden II
Donna Miller v. SMS Schloemann-Siemag, Inc. 05/15/2002
2:00-cv-00896

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.

Author:
Charles H. Haden II
Kentuckians for the Commonwealth, Inc. v. Colonel John Rivenburgh, et al. 05/08/2002
2:01-cv-00770

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.

Author:
Charles H. Haden II

Pages