District Court for the Northern District of West Virginia Court Cases

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  1. Sutton v. Weirton Steel Div. of Nat. Steel Corp. (1983)

    This litigation grows out of the activities in connection with a proposed employee buy-out plan for the Weirton Steel Division of National Steel Corporation. Defendant National Steel has filed a motion for summary judgment and Plaintiffs in these cases and in Dhayer, et al, v. National Steel Corporation, et al., C.A. No. 83-36-W (N.D. W.Va. filed April 8, 1983) have filed a motion to delay consideration of National's motion pursuant to Rule 56(f), Federal Rules of Civil Procedure.


    Court: District Court for the Northern District of West Virginia Docket: Civ. A. Nos. 83-0035-W, 83-0040-W
  2. United States v. Teemer (1963)

    These related criminal prosecutions concern the application of the relatively new Title 18, Section 1952[1] aimed at gambling and certain other violations of State law having interstate aspects.


    Court: District Court for the Northern District of West Virginia Docket: Crim. No. 7422, 7423
  3. Sites v. McKenzie (1976)

    Plaintiff, Thomas J. Sites, has brought this action under 42 U.S.C. § 1983 on behalf of himself and all others who are similarly situated. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1343. The plaintiff has moved for summary judgment seeking declaratory relief on five legal issues.


    Court: District Court for the Northern District of West Virginia Docket: Civ. A. No. 76-24-W
  4. Dhayer v. Weirton Steel Div. of Nat. Steel Corp. (1983)

    This civil action concerns Defendant National Steel's Weirton Division (National) and activities in connection with a proposed employee buy-out plan. Although there are quite a few actions on this Court's docket having some factual connection with the proposed employee buy-out plan, this civil action has moved in procedural tandem with two other actions filed within weeks of this action. They are Sutton, et al. v. National Steel, et al., C.A. No. 83-35-W (filed March 30, 1983) and Brunner, et [...]

    Court: District Court for the Northern District of West Virginia Docket: Civ. A. No. 83-0036-W
  5. Cox v. United States (1992)

    Plaintiffs, filed the complaint in this civil action on December 11, 1990. The complaint, which was filed under the Federal Tort Claims Act, 28 U.S.C. § 2674 (1986), alleges that negligence on the part of the Corps of Engineers caused injury to the plaintiff, Melissa Dawn Cox. Ms. Cox was injured at Sutton Lake in Braxton County, West Virginia on June 6, 1988, when she fell from a rope swing which was hanging from a tree near the edge of the lake. Four motions remain pending in this matter and [...]

    Court: District Court for the Northern District of West Virginia Docket: Civ. A. No. 90-0126-C(S)
  6. Heinemann v. Jim Walter Homes, Inc. (1998)

    Plaintiffs, proceeding pro se, allege that the defendants violated their procedural due process rights and transgressed established substantive law by wrongfully foreclosing on property owned by plaintiffs in Pocahontas County, West Virginia. On June 8, 1998, the defendants filed a Motion to Dismiss, supported by a memorandum of law and several exhibits. Plaintiffs filed a memorandum in opposition to the motion to dismiss which also included numerous exhibits. Thereafter, the defendants filed a [...]

    Court: District Court for the Northern District of West Virginia Docket: Civ.A.2:98CV34
  7. Educational Credit Management Corp. v. Buchanan (2002)

    This case is before the Court on an appeal from a ruling of the United States Bankruptcy Court for the Northern District of West Virginia. The matter is fully briefed and ready for the Court's consideration. The Court must determine:


    Court: District Court for the Northern District of West Virginia Docket: CIV.A.1:01CV177
  8. ROHRBOUGH BY ROHRBOUGH v. Wyeth Laboratories, Inc. (1989)

    John M. Slack, III, Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., Hedy M. Powell, Wyeth Laboratories, Philadelphia, Pa., Lowell S. Fine, Jane Fugate Thorpe, Harvey Spiegel, Alembik, Fine & Callner, P.A., Atlanta, Ga., for defendant.


    Court: District Court for the Northern District of West Virginia Docket: Civ. A. No. 85-121-C
  9. Insurance Co. of NA v. NATIONAL STEEL SERv. CTR., INC. (1975)

    On November 20, 1964, Korhumel Steel & Aluminum Company, incorporated under the laws of the State of Illinois, was qualified to do business in the State of West Virginia. At this time, and at all other times relevant to this action, Korhumel was a wholly-owned subsidiary corporation of National Steel Corporation. Although qualified to do business in this State, Korhumel failed to file a certificate attesting that fact with the West Virginia Workmen's Compensation Commission. W.Va.Code Ann. [...]

    Court: District Court for the Northern District of West Virginia Docket: Civ. A. No. 74-20-W
  10. Lomax v. Bank of America, NA (2010)

    Currently pending before the Court are Defendants Bank of America, N.A.'s and BAC Home Loans Servicing, LP's Motion to Dismiss Plaintiffs' First Amended Complaint or Alternatively Motion for Summary Judgment [Doc. 14], filed June 4, 2010; and Plaintiffs' Motion to Strike Defendants' Reply Memorandum or, in the Alternative, for Leave to Submit a Surreply [Doc. 22], filed July 7, 2010. The plaintiffs responded to the defendants' motion to dismiss on June 18, 2010, and the defendants replied on [...]

    Court: District Court for the Northern District of West Virginia Docket: Civil Action No. 3:10-CV-48
  11. Virden v. Altria Group, Inc. (2004)

    Brian A. Glasser, Bailey & Glasser, LLP, David B. Thomas, Rebecca A. Betts, Philip J. Combs, Allen, Guthrie, McHugh & Thomas, PLLC, Charleston, WV, Ezra D. Rosenberg, Dechert LLP, Princeton, NJ, for defendants.


    Court: District Court for the Northern District of West Virginia Docket: CIV.A.5:03 CV 61
  12. Stanley v. United States (2004)

    This matter comes before the Court on the defendant's motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed on February 17, 2004. This motion is fully briefed and ripe for review. For the following reasons, the Court GRANTS the defendant's motion WITHOUT PREJUDICE.


    Court: District Court for the Northern District of West Virginia Docket: CIV.A. 1:03CV187
  13. Patrick v. Sharon Steel Corp. (1982)

    Blair S. McMillin, Thomas R. Wright, Robert W. Thomson, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Alfred J. Lemley, Furbee, Amos, Webb & Critchfield, Fairmont, W. Va., for defendant.


    Court: District Court for the Northern District of West Virginia Docket: Civ. A. No. 81-0025-C(H)
  14. Leek v. Baltimore & Ohio Railroad Company (1962)

    At the trial of these consolidated cases, the court directed verdicts in favor of both plaintiffs and against both defendants, and the jury returned verdicts in the amount of $5,950.00 for Vernon Leek and $8,800.00 for Clyde Brown.


    Court: District Court for the Northern District of West Virginia Docket: Civ. A. Nos. 940-W, 941-W
  15. Bailey v. Boilermakers Local 667 of Intern. Broth. (1979)

    Presently pending before the Court are motions to quash service of process or in the alternative to dismiss for failure to obtain jurisdiction over the person of defendant SAJAC, or insufficiency of service of process on the defendant SAJAC. The defendant, Boilermakers Local 667 does not question the in personam jurisdiction of the Court. Also pending are motions to dismiss filed by both defendants which, if successful, on the various grounds alleged would be dispositive of this action.

    Court: District Court for the Northern District of West Virginia Docket: Civ. A. No. 79-0004-P(H)
  16. United States v. C & R TRUCKING CO. (1982)

    Betsy C. Steinfeld, Asst. U. S. Atty., Wheeling, W. Va., Carol E. Dinkins, Asst. Atty. Gen., Land and Natural Resources Div., U. S. Dept. of Justice, Washington, D. C., Diane L. Donley, Atty., Environmental Defense Section, Land and Resources Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff.


    Court: District Court for the Northern District of West Virginia Docket: Civ. A. No. 81-0071-P(H)
  17. Pumphrey v. CR Bard, Inc. (1995)

    This is a civil action for damages against the manufacturer of a Hickman Subcutaneous Port, a medical device for repeated delivery of drugs to the blood system of a patient. The plaintiff alleges that the manufacturer failed to adequately warn her of the danger of "pinch-off syndrome," in which part of the "port" or the attached catheter breaks off and becomes lodged elsewhere in the body. The defendant manufacturer has moved for summary judgment on the grounds that under the "learned [...]

    Court: District Court for the Northern District of West Virginia Docket: Civ. A. No. 1:94-CV-138
  18. Graham v. Heckler (1983)

    This action was brought under the provisions of 42 U.S.C. § 405(g) and 28 U.S.C. § 1361 and is currently before the Court upon the defendant's motion to dismiss or for summary judgment. The Secretary of Health and Human Services (hereinafter "Secretary" or "defendant") says the Court lacks jurisdiction over her person and the claims presented.


    Court: District Court for the Northern District of West Virginia Docket: Civ. A. No. 83-0202-C(K)
  19. Shear v. Boles (1967)

    This memorandum concerns a habeas corpus petition instituted by Lee Shear, an inmate of the West Virginia Penitentiary. The circumstances leading to Shear's present incarceration are as follows.


    Court: District Court for the Northern District of West Virginia Docket: Civ. A. No. 570-E
  20. Schultz v. AT & T Wireless Services, Inc. (2005)

    On March 4, 2004, the plaintiff, Thomas C. Schultz ("Schultz"), filed a complaint in the Circuit Court of Ohio County, West Virginia against the defendant, AT & T Wireless Services, Inc. ("AT & T"), which stems from a contract dispute regarding cellular services. On April 12, 2004, the defendant removed the action to this Court pursuant to 28 U.S.C. § 1332, based on the diversity of citizenship of the parties. On April 16, 2004, the plaintiff filed an amended complaint. On May 17, [...]

    Court: District Court for the Northern District of West Virginia Docket: CIV.A. 5:04CV47

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