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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.

The West Virginia Highlands Conservancy v. Gale A. Norton, et al. 03/18/2002
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
M&G Polymers USA, LLC v. CNC Containers Corporation 03/14/2002
3:01-cv-00992

Order

Currently pending before the Court is a motion to dismiss by Defendant CNC Containers Corporation.  In its motion, Defendant argues this Court lacks personal jurisdiction over it, venue is improper, and there was insufficient service of process.  Plaintiff M&G Polymers USA, LLC (M&G), opposes said motion.  Upon review, the Court agrees with Defendant that this Court does not have personal jurisdiction over it and, therefore, GRANTS, Defendant’s motion to dismiss.

Author:
Robert C. Chambers
J. Frank Deem, et al. v. Joseph Manchin, III, et al. 03/01/2002
3:01-cv-00075

Amended Memorandum Decision

On September 19, 2001, the West Virginia Legislature enacted House Bill 511 which redistricted both chambers of the legislature based on the United States census of 2000.  Two suits were filed challenging the constitutionality of the redistricting plan as it relates to the West Virginia Senate. The two suits were consolidated and this three-judge court appointed to hear them pursuant to 28 U.S.C. § 2284.  Plaintiffs in the first suit include John Unger, II, a West Virginia State Senator, and John Overington, a member of the House of Delegates.  Both are residents of Berkeley County, in what is commonly referred to as West Virginia's "Eastern Panhandle." One of the plaintiffs in the second case is J. Frank Deem, a member of the West Virginia Senate from Wood County, which borders the Ohio River in the West.  Unger is a Democrat; Deem and Overington are Republicans.  Both suits are based on the proposition that there are impermissible population variances among the districts of the State Senate under House Bill 511. Federal jurisdiction is grounded on 42 U.S.C. § 1983 and 28 U.S.C. § 1331.

Author:
David A. Faber
One Gateway Associates v. Westfield Insurance Company 02/21/2002
5:01-cv-00698

Memorandum Opinion and Order

Pending is Defendant’s motion for summary judgment.  The Court GRANTS the motion.

Author:
Charles H. Haden II
Harry F. Bell, Sr. v. The National Republican Congressional Committee 02/21/2002
2:00-cv-00982

Memorandum Opinion and Order

Now pending is defendant National Republican Congressional Committee’s motion for summary judgment.  For reasons discussed herein, the motion is DENIED.

Author:
Joseph R. Goodwin
Mary L. Lilly v. CSX Transportation, Inc. 02/21/2002
5:02-cv-00004

Memorandum Opinion and Order

Pending before the court is plaintiff’s motion to remand this action to the Circuit Court of Summers County, West Virginia (doc. # 5). For the reasons stated herein, plaintiff’s motion to remand is DENIED.

Author:
David A. Faber
United States of America v. Marlon Dewayne Dixon 02/20/2002
2:99-cr-00050

Memorandum Opinion and Order

Pending is Defendant’s motion for disclosure of evidence against him and for production of exculpatory evidence.  The Court GRANTS the motion as moulded.

Author:
Charles H. Haden II
Billy Beasley, et al. v. Allstate Insurance Company 02/14/2002
5:01-cv-01082

Memorandum Opinion and Order

Pending is Defendant Allstate Insurance Company’s motion to dismiss.  The Court DENIES the motion as to Count One and DENIES the motion without prejudice as to Count Two.

Author:
Charles H. Haden II
Grover Marks, et al. v. West Virginia Department of Health and Human Services, et al. 01/25/2002
2:01-cv-00961

Memorandum Opinion and Order

Now pending is Plaintiffs’ Motion for Ruling on the Substantive Basis of Plaintiffs’ Motion to Remand, which the court will treat as a motion to dismiss for lack of subject matter jurisdiction. For the reasons that follow, the motion is DENIED.

Author:
Joseph R. Goodwin
Michael Cantley v. Amos Simmons, et al. 01/10/2002
3:01-cv-00720

Order

Currently pending before the Court is Defendants Amos Simmons’ and Deborah Morris’ motion to dismiss this claim as it relates to them pursuant to Federal Rule of Civil Procedure 12(b)(1).  The defendants contend that they are not proper defendants to this suit because the Family and Medical leave Act (hereinafter the “FMLA”), 29 U.S.C. § 2601 et seq., does not provide for individual liability for employees of public agencies.  For the reasons stated below, the defendants’ motion is DENIED.

Author:
Robert C. Chambers

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