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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.

Timothy G. Knapp, et al. v. Americredit Financial Services, Inc., et al. 12/04/2001
2:01-cv-00788

Order

Pending before the court is Plaintiffs’ Motion for Leave to Take Limited Deposition, filed September 11, 2001. (Document # 3.) In their Motion, Plaintiffs seek leave to take a limited deposition of Bob Bumpus of Defendant Americredit Financial Services, Inc. (Americredit) for the purposes of learning the identity of John Doe corporations named in the Complaint and, more recently, the Amended Complaint. Americredit responded on October 30, 2001, opposing Plaintiffs’ Motion. (Document # 23.) The court heard oral argument on October 31, 2001.

Author:
Mary S. Feinberg
Timothy G. Knapp and Angela D. Knapp v. Americredit Financial Services, Inc., et al. 12/03/2001
2:01-cv-00788

Order Overruling Objection to Magistrate Judge's Ruling

Pending is the objection of Defendant Americredit Financial Services, Inc. (Americredit) to Magistrate Judge Mary Stanley Feinberg’s November 1, 2001 Order granting Plaintiffs’ motion to take the limited deposition of Bob Bumpus of Americredit, pursuant to Rule 26(d).  Fed. R. Civ. P. 26(d).1  Plaintiffs requested the deposition for the purpose of learning the identities of John Doe Corporations listed as Defendants in the Amended Complaint.

Author:
Charles H. Haden II
Kentuckians for the Commonwealth, Inc. v. Colonel John Rivenburgh, et al. 11/30/2001
2:01-cv-00770

Memorandum Opinion and Order

Pending are (1) Defendants’ (the Corps’) motion for change of venue, pursuant to 28 U.S.C. § 1404(a), to the Eastern District of Kentucky, and (2) motions by Kentucky Coal Association, Pocahontas Development Corporation, and AEI Resources, Inc. to intervene as defendants.  For reasons discussed below, the Court DENIES the Corps’ motion for change of venue.  The motions of Kentucky Coal Association and Pocahontas Development Corporation to intervene are GRANTED.1

Author:
Charles H. Haden II
American Insurance Company v. Carl F. Frischkorn, et al. 11/21/2001
2:00-cv-00618

Memorandum Opinion and Order

Pending are the parties’ cross motions for summary judgment. The Court GRANTS Defendants’ motion and DENIES Plaintiff’s motion.

Author:
Charles H. Haden II
Community Antenna Services, Inc. v. Westfield Insurance Company 11/20/2001
6:01-cv-00318

Memorandum Opinion and Order

Pending are the parties’ cross motions for summary judgment on the issue whether Defendant Westfield Insurance Company (Westfield) is required, under its policy of insurance issued to Plaintiff Community Antenna Services, Inc. (CAS), to provide a defense in an underlying civil action in Wood County, West Virginia.  It is not. For reasons discussed below, Westfield’s motion is GRANTED and CAS’s motion is DENIED.  Judgment will be entered in favor of Westfield.

Author:
Charles H. Haden II
Shonk Land Company LC v. Ark Land Company 11/08/2001
2:01-cv-00726

Memorandum Opinion and Order

Pending before the court is the plaintiff’s Motion to Remand.  Plaintiff Shonk Land Company LLC (“Shonk”) originally filed this action in West Virginia state court on June 14, 2001.  On August 10, 2001, defendant Ark Land Company (“Ark”) removed the action based on diversity of citizenship and an amount in controversy in excess of $75,000, pursuant to 28 U.S.C. § 1446(a).   Shonk now moves this court for remand pursuant to 28 U.S.C. § 1447(c), arguing that Ark exceeded the 30 day limit for removal. For reasons discussed herein, the motion is DENIED.

Author:
Joseph R. Goodwin
United States of America v. Anthony George Cook 11/07/2001
2:01-cv-00143

Memorandum Opinion and Order

Pending is Defendant’s motion for specific performance of the plea agreement and for recusal of the Court based on the Government’s breach.  The Court DENIES the motion.

Author:
Charles H. Haden II
Diana G. McCoy v. Erie Insurance Company, et al. 11/02/2001
2:01-cv-00054

Memorandum Opinion and Order

Pending is Plaintiff's motion to amend her complaint to delete the existing class action allegations. The sole reason for which Plaintiff putatively seeks dismissal is lack of sufficient time to perform class discovery in aid of certification. Plaintiff, however, has not requested the Court to grant additional time within which to conduct such discovery.

Author:
Charles H. Haden II
Tina Louise Jeffers v. Wal-Mart Stores, Inc., et al. 10/31/2001
3:99-cv-00274

Memorandum Opinion and Order

Plaintiff’s Second Amended Complaint asserts several state common law claims against Dow Agrosciences LLC (Dow).  Dow is the manufacturer of Dursban HF, a pesticide product used in retail pest control products, including some Spectracide products to which plaintiff alleges she was exposed.  In Count III (“Liability of Product Manufacturers”), plaintiff claims negligence in the design, manufacture, packaging and distribution of pesticide products; failure to warn; failure to provide knowledge of safeguards; negligent packaging and handling, including the failure to warn; and negligent design of the packaging.  Count IV alleges the manufacturer breached warranties of fitness and merchantability in that the packaging and warnings were inadequate. Count V asserts strict liability based on defective design, manufacture and use, again identifying the packaging and warnings.1

Author:
Robert C. Chambers
Frank H. Coffman, II v. Metropolitan Life Insurance Co., et al. 10/29/2001
2:00-cv-01156

Memorandum Opinion and Order

Currently pending before the court are the following discovery motions: (1)Plaintiff’s Motion to Compel Discovery from Defendants (Document # 43) and (2) Plaintiff’s Supplemental Hearing Response Memorandum of Points and Authorities in Opposition to Defendants’ Joint Motion to Quash and for Protective Order and Supplemental Motion to Compel and for Sanctions (Document # 46). The parties have responded and replied, and the Motions are ripe for decision. (Document ## 48, 54, 55.)

Author:
Mary S. Feinberg

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