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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.

Connie F. Cunningham v. Joseph Scibana 10/03/2000
1:00-cv-00223

Memorandum Opinion and Order

Petitioner, Constance F. Cunningham (“Cunningham”) was formerly a registered nurse at a hospital in Indiana. She acknowledges having once been addicted to Demerol, a Schedule II controlled substance administered in hospitals as a powerful painkiller. Cunningham was charged with removing Demerol from syringes stored in a locked cabinet at the hospital where she worked and concealing the removal by substituting a saline solution for the Demerol. A jury convicted her of violating 18 U.S.C. § 1365(a) which forbids tampering with a consumer product “with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk.”

Author:
David A. Faber
David J. Rice v. Community Health Association 09/29/2000
6:97-cv-01169

Memorandum Opinion and Order

Pending are the parties' cross motions for summary judgment. The Court GRANTS the motion of Defendant Community Health Association, d/b/a Jackson General Hospital (Hospital). Plaintiff's motion is DENIED.

Author:
Charles H. Haden II
Travelers Property Casualty Corporation v. Todd Eberbach, et al. 09/27/2000
2:00-cv-00062

Memorandum Opinion and Order

Pending is Plaintiff's motion for summary judgment. The Court GRANTS the motion.

Author:
Charles H. Haden II
Odie L. Reveal, et al. v. Douglas N. Stinson, et al. 09/22/2000
2:00-cv-00467

Memorandum Opinion and Remand Order

Pending is Plaintiffs' motion to remand.1 The Court GRANTS the motion.

Author:
Charles H. Haden II
Nader 2000 Primary Committee, Inc., et al. v. Ken Hechler 09/15/2000
2:00-cv-00839

Memorandum Opinion and Order
Granting Preliminary Injunction

Pending is Plaintiffs' Motion for a Preliminary Injunction. At a hearing on Plaintiffs' motion came Plaintiffs by Elizabeth Daniel and Jason Huber and came Defendant by Robert D. Williams and Donald L. Darling, Assistant Attorneys General of West Virginia. The parties submitted the issue on oral arguments and the briefs. On that basis, the Court GRANTS Plaintiffs' motion for preliminary injunction.

Author:
Charles H. Haden II
Prestera Center for Mental Health Services, Inc., et al. v. Elizabeth S. Lawton, et al. 09/12/2000
2:00-cv-00436

Memorandum Opinion and Order

Pending are Defendants' motion to dismiss for failure to state a claim and lack of federal jurisdiction and Plaintiffs' motion for preliminary injunction. The Court GRANTS in part and DENIES in part Defendants' motion to dismiss. Finding a federal question, the Court retains jurisdiction of this action. Plaintiffs' motion for preliminary injunctive relief is DENIED.

Author:
Charles H. Haden II
R.W.B. of Riverview, Inc., et al. v. Donald Stemple 08/18/2000
2:00-cv-00552

Memorandum Opinion and Show Cause Order

On July 25, 2000, following a preliminary injunction hearing, the Court issued its Memorandum Opinion and Order Granting Preliminary Injunction. This Opinion elaborates and enlarges the initial ruling.

Author:
Charles H. Haden II
Michael Hicks and Brenda Hicks v. Charles Nugent Herbert, Jr. 08/17/2000
5:00-cv-00448

Memorandum Opinion and Order

Pending are Plaintiffs’ motions to remand and to stay this action until the Court rules on the remand motion. The Court DENIES the motion to remand. The motion to stay is DENIED as moot.

Author:
Charles H. Haden II
James P. Knapp and Pamela K. Knapp v. America General Finance Inc., and American General Home Equity, Inc. 08/16/2000
2:99-cv-00571

Memorandum Opinion and Order

Pending is Defendants’ motion for summary judgment on all issues. The Court GRANTS the motion on Count IV, breach of fiduciary relationship, but DENIES it on all other claims and counts.

Author:
Charles H. Haden II
In Re: Quality Truck & Diesel Injection Services, Inc. 08/10/2000
3:99-cv-00746

Memorandum Opinion and Order

This appeal presents the question whether 28 U.S.C. ' 1930(a)(6) requires payment of post-confirmation quarterly fees on only those disbursements made pursuant to the debtor=s reorganization plan or, as the appellant United States Trustee (Trustee) contends, upon all postconfirmation disbursements.  I conclude that quarterly fees must be paid on all post-confirmation disbursements and therefore reverse the contrary holding of the bankruptcy court and remand for further proceedings.

Author:
Joseph R. Goodwin

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