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.
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.
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.
Order Denying Motion for Reconsideration
Pending is Plaintiffs' motion for reconsideration of the Court's Memorandum Opinion and Transfer Order of March 26, 2002, which transferred this action to the Eastern District of Missouri. Plaintiffs object the Court failed to give appropriate deference to Plaintiffs under the first-filed rule. Defendants did not respond timely to the motion, which now is ripe for disposition.
Order
Now pending is defendant Alcon Laboratories, Inc.’s motion for leave to subpoena the Honorable Robert C. Chambers. For reasons discussed below, the motion is DENIED.
Order
Now pending is the United States’s (1) Motion to Dismiss for Lack of Subject Matter Jurisdiction; or in the Alternative, Motion for Summary Judgment; (2) Motion to Preclude the Expert Testimony of John Deck, III; and (3) Motion to Strike John Deck’s Report. For the reasons discussed below, the court DENIES the United States’s Motion to Dismiss, and GRANTS the Motion for Summary Judgment. The court DENIES the United States’s Motion to Preclude Expert Testimony and Motion to Strike as moot.
Memorandum Opinion and Order
Denying Motion to Require Election
Pending is Defendant’s motion to require election and for a bill of particulars. For reasons set forth below, the Court DENIES both demands of the motion.
Memorandum Opinion and Order
Pending before the Court is the government’s motion to amend its answer. For the reasons set forth below, the Court GRANTS the motion.
Memorandum Opinion and Order
Pending are the motions of Defendant MortgageStar, Inc. (MortgageStar) for partial dismissal or, alternatively, for partial summary judgment and Fairbanks Capital Corp. (Fairbanks) to dismiss. For reasons discussed below, MortgageStar’s motions are GRANTED in part and DENIED in part; Fairbanks’ motion is DENIED.
Memorandum Order
Thia matter is before the court on the motion of defendant E.I. DuPont De Nemours and Company, Inc. ("DuPont") to exclude the testimony of Dr. Charles Vyvyan Howard and Dr. Randall L. Tackett, plaintiff's causation experts in the above styled toxic tort action, filed December 5, 2001. Inasmuch as plaintiff's principal expert, Dr. Howard, has been extensively deposed on multiple occasions and Dr. Tackett has also been deposed and inasmuch further as the motion has been the subject of extensive submissions by both parties, the court concludes and the parties agree that the record is complete and a hearing on the motion is not needed.
Memorandum Opinion and Transfer Order
Pending are the motions 1) of Plaintiffs McJunkin Corporation (McJunkin) and Precision Clean Piping, Inc. (Precision) to transfer a related action from the Eastern District of Missouri to this Court and 2) of Cardinal Systems, Inc. (Cardinal) and O’B, Inc. (O’B) to dismiss for lack of personal jurisdiction or, alternatively, to transfer this action to the Eastern District of Missouri. Defendants’ motion to transfer is GRANTED, and the remainder of the motions are DENIED.