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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.

Eddie R. Bartram v. Sean E. Wolfe 07/12/2001
2:99-cv-00490

Proposed Findings and Recommendations

By Amended Standing Order entered October 6, 2000, the District Court referred this civil action to this Magistrate Judge for submission of proposed findings and recommendation for disposition (document # 74). Now pending before the court is the Motion for Summary Judgment filed by defendant Wolfe (# 77). The motion is supported by a memorandum with exhibits (“Def. Mem.,” # 78). Plaintiff, by counsel, filed a response in opposition (“Pl. Resp.,” # 80) with exhibits, and Defendant filed a Reply (# 81) with exhibits.

Author:
Charles H. Haden II
Diana G. McCoy v. Erie Insurance Company, et al. 06/18/2001
2:01-cv-00054

Memorandum Opinion and Order

Pending are Plaintiff’s motion to remand and Defendants’ motion to dismiss.1  Both motions are DENIED.

Author:
Charles H. Haden II
West Virginia Housing Development Fund v. Ocwen Technology Xchange, Inc., et al. 06/07/2001
2:00-cv-00841

Memorandum Opinion and Order

Pending is the motion of Plaintiff West Virginia Housing Development Fund (the Fund) to modify the Scheduling Order and Amend its Complaint.  The motion is GRANTED.

Author:
Charles H. Haden II
Hugh M. Caperton, et al. v. A.T. Massey Coal Company, Inc., et al. 06/04/2001
2:00-cv-00192

Memorandum Opinion and Remand Order

Pending are Plaintiffs’ renewed motions for abstention and remand and Defendants’ motion to transfer venue.1 For reasons that follow, Plaintiffs’ motions for abstention and remand are GRANTED and Defendants’ motion to transfer venue is DENIED as moot.

Author:
Charles H. Haden II
The West Virginia Highlands Conservancy v. Gale A. Norton, et al. 05/30/2001
2:00-cv-01062

Corrective Order

The Court AMENDS its Memorandum Opinion and Order filed May 29, 2001.

Author:
Charles H. Haden II
The West Virginia Highlands Conservancy v. Gale A. Norton, et al. 05/29/2001
2:00-cv-01062

Memorandum Opinion andPreliminary Injunction Hearing Order

Pending is Plaintiff’s motion for a preliminary injunction on Count 4 of the Complaint. For reasons discussed below, the Court DISMISSES this action against the Defendant Director (now Secretary) of the West Virginia Division of Environmental Protection (DEP) because it is barred by the Eleventh Amendment of the United States Constitution. Consequently, the Court lacks jurisdiction to entertain Plaintiff’s motion for the injunction, and it is DENIED.

Author:
Charles H. Haden II
First Financial Insurance Company v. Crossroads Lounge, Inc. and Monroe Scarbro 05/21/2001
5:00-cv-01172

Order

Pending before the Court is Defendant Monroe Scarbro's February 1, 2001 supplemented motion to dismiss. For the reasons discussed below, Defendant's motion is DENIED WITHOUT PREJUDICE.

Author:
Robert C. Chambers
Sara Elizabeth Lilly v. The United States of America 05/11/2001
2:00-cv-01006

Opinion and Order

Pending before the court is the Motion to Dismiss for lack of Subject Matter Jurisdiction or, in the Alternative, Failure to State a Claim, filed by the United States of America (United States).  For the reasons discussed below, the motion is GRANTED.

Author:
Joseph R. Goodwin
Bradley Miller, et al. v. John S. Jeffers, et al. 05/05/2001
3:97-cv-01214

Order Granting Dismissal of Defendant Apfel

Defendant Kenneth S. Apfel, Commissioner of the Social Security Administration (SSA), moved to dismiss the Third Amended Complaint on two grounds.  First, Defendant Apfel contends that Plaintiffs’ claims against him are barred by the Administrative Procedures Act (APA) which precludes judicial review of decisions “committed to agency discretion.”  Second, Defendant Apfel asserts that Plaintiffs failed to exhaust their administrative remedies and cannot justify waiver of the exhaustion requirement.  For the reasons that follow, the Court agrees with Defendant Apfel’s first argument and, therefore, GRANTS his motion and DISMISSES him from this action.1

Author:
Robert C. Chambers
Erie Insurance Property & Casualty Company v. Rebecca Keneda, et al. 04/25/2001
5:00-cv-00360

Memorandum Opinion and Order

Pending are cross-motions for summary judgment on behalf of Plaintiff Erie Insurance Property & Casualty (Erie) and Defendant Susan Keneda.1 As discussed below, the Court GRANTS Plaintiff’s motion and DENIES Defendant’s motion.

Author:
Charles H. Haden II

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