District Court for the Southern District of West Virginia. Court Cases

Search
  1. United States v. Gray (2005)

    Since 1987, district court judges have determined criminal sentences pursuant to the Sentencing Reform Act of 1984 (SRA), Pub.L. 98-473, Title II, §§ 211-238, 98 Stat. 1987 (1984) and the Guidelines issued by the United States Sentencing Commission. The Supreme Court's recent decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), significantly alters the sentencing scheme that has existed since 1987. In accordance with the Booker decision, I conducted the [...]

    Court: District Court for the Southern District of West Virginia. Docket: CRIM.A. 3:03-00182
  2. Barnette v. West Virginia State Board of Ed. (1942)

    This is a suit by three persons belonging to the sect known as "Jehovah's Witnesses", who have children attending the public schools of West Virginia, against the Board of Education of that state. It is brought by plaintiffs in behalf of themselves and their children and all other persons in the State of West Virginia in like situation, and its purpose is to secure an injunction restraining the State Board of Education from enforcing against them a regulation of the Board requiring children in [...]

    Court: District Court for the Southern District of West Virginia. Docket: 242
  3. Barker v. Hardway (1968)

    On October 26, 1967, the plaintiffs, suspended students at Bluefield State College, filed a verified complaint in this court seeking to enjoin the defendants from continuing to enforce their suspension. As is here pertinent, the complaint alleged that since the beginning of the September 1967 term, the plaintiffs and other students had conducted peaceful and non-violent protests, and that on October 14, 1967, approximately two hundred students participated in such a demonstration at the college [...]

    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. No. 1037
  4. EMPLOYER-TEAMSTERS, ETC. v. Weatherall Concrete (1979)

    The above styled civil actions have been submitted to the Court for decision upon facts stipulated and agreed to by the parties. Jurisdiction is conferred upon the Court by 29 U.S.C. § 185, and more specifically by 29 U.S.C. § 1132. Plaintiffs have alleged that payments made to the trust funds under the collective bargaining agreement between Defendant and Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 505, affiliated with the International Brotherhood of Teamsters, [...]

    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. Nos. 77-3184, 77-3185
  5. Connors v. Paybra Min. Co. (1992)

    Gary A. Collias, McIntyre, Haviland & Jordan, Charleston, WV, David W. Allen, Margaret M. Topps, Kenneth M. Johnson, UMWA Health & Retirement Funds, Office of Gen. Counsel, Washington, DC, Stacy A. Hickox, Knoxville, TN, for plaintiffs.


    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. No. 2:90-1061
  6. Dawson v. Kendrick (1981)

    The named plaintiffs in this civil action brought pursuant to 42 U.S.C. ž 1983 are certain past and present inmates of the Mercer County Jail located in Princeton, West Virginia. Plaintiffs have asserted extensive denials of their various constitutional rights due to the conditions they allege exist at the jail. The complaint does not focus upon an isolated condition or even group of conditions. Rather, plaintiffs have launched a comprehensive assault upon all of the physical aspects of the [...]

    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. No. 78-1076
  7. Holland v. Double G Coal Co., Inc. (1995)

    David W. Allen, Kenneth M. Johnson, Christopher F. Clarke, Sr., UMWA Health & Retirement Funds, Office of the General Counsel, Washington, DC, Gary A. Collias, McIntyre & Collias, Charleston, WV, for plaintiffs.


    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. No. 1:94-0378
  8. Cantley v. Simmons (2002)

    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.

    Court: District Court for the Southern District of West Virginia. Docket: CIV.A.3:01-0720
  9. Leasewell, Ltd. v. Jake Shelton Ford, Inc. (1976)

    The Plaintiff, Leasewell, Ltd., a corporation with its principal place of business in New York, entered into a contract with the Defendant, Jake Shelton Ford, Inc., a corporation with its principal place of business in West Virginia, under which the Plaintiff agreed to lease to the Defendant certain items of automotive repair equipment. It is undisputed that the lease was executed and was to be performed in West Virginia. The lease contained the following provision:


    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. No. 76-0061-H
  10. In Re Heck's Properties, Inc. (1992)

    John R. Isaac, Jr., Heck's, Inc., Guy F. Hanna, Heck's, Inc., Nitro, WV, P. Michael Pleska, Bowles, Rice, McDavid, Graff & Love, Charleston, WV, Scott L. Hazan, Otterbourg, Steindler, Housten & Rosen, New York City, Alvin J. Hardee, Jr., Credit Manager, Murray Ohio Mfg., Brentwood, TN, Charles F. O'Hanlon, III, Mellon Bank, N.A., Pittsburgh, PA, Charles I. Jones, Jr., Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Charleston, WV, Joseph M. Scott, Jr., Stoll, Keenon & Park, [...]

    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. Nos. 2:89-0226 to 2:89-0229, 2:89-0451 and 2:90-0223
  11. United States v. Gerhart (1967)

    Convicted by a jury on three counts of violating 18 U.S.C. §§ 1952 and 2,[1] William Al Gerhart moves this court in arrest of judgment and for a new trial. None of the multitudinous grounds urged in support of each of these motions, I conclude, is sufficient to warrant overturning the conviction.


    Court: District Court for the Southern District of West Virginia. Docket: Cr. A. Nos. 513 (Beckley), 522 (Beckley)
  12. Price v. National Bd. of Medical Examiners (1997)

    Three Marshall University School of Medicine students seek injunctive relief compelling the National Board of Medical Examiners (Board) to provide each of them with additional time for the United States Medical Licensing Examination (USMLE) and with a separate room in which to take the examination. Plaintiffs claim that these accommodations are mandated by the Americans with Disabilities Act of 1990(ADA), 42 U.S.C. § 12189.[1] The Court has jurisdiction over this matter pursuant to 28 U.S.C. [...]

    Court: District Court for the Southern District of West Virginia. Docket: Civil Action No. 3:97-0541
  13. Johnson v. Weinberger (1974)

    This is an action under Section 205(g) of the Social Security Act, 42 U. S.C.A. § 405(g) and Section 413(b) of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C.A. § 923(b), to review a final decision of the Secretary of Health, Education and Welfare, which denied plaintiff's application for Black Lung benefits. This action is pending upon motions for summary judgment filed by both plaintiff and defendant pursuant to Rule 56(b), Federal Rules of Civil Procedure.


    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. No. 73-268-CH
  14. Stover v. Aetna Cas. and Sur. Co. (1987)

    Pending before the Court is the motion of the Defendant, Aetna Casualty and Surety Company, for summary judgment. The time for responding having passed, the Court now deems the motion mature for decision.


    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. No. 2:86-1330
  15. Hairston v. Drosick (1976)

    Harry G. Camper, Jr., Pros. Atty. of McDowell County, Welch, W. Va., Cletus B. Hanley and Richard E. Hardison, Deputy Attys. Gen., of the State of West Virginia, Charleston, W. Va., for defendants.


    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. No. 75-0691CH
  16. Southwestern Community Action Council, Inc. v. COMMUNITY SERVICES, ETC. (1978)

    In this action for declaratory judgment Southwestern Community Action Council, Inc., a corporation organized and existing under the laws of the State of West Virginia, seeks a determination of the validity of a regulation promulgated by Defendant Community Services Administration. The regulation, OEO Instruction 6900-01, issued pursuant to 42 U.S.C. § 2796, governs the employment policies of Plaintiff with regard to conflicts of interest and nepotism. The regulation as applied by Defendant [...]

    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. No. 76-0351-H
  17. Harman v. Pauley (1981)

    Plaintiff, Charles Dale Harman, originally brought this action against defendant, Esther Harman Pauley, in the United States District Court of the Western District of Virginia. Plaintiff is a resident of Georgia and defendant is a resident of Virginia. Jurisdiction was predicated upon diversity of citizenship and the requisite amount in controversy. 28 U.S.C. § 1332. Subsequently plaintiff moved that court to transfer the action to the Southern District of West Virginia, Bluefield Division, [...]

    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. No. 80-1075
  18. Socialist Workers Party v. Hechler (1988)

    This matter is before the court on the cross motions for summary judgment filed by defendants Ken Hechler, Allan Hammock, Barbara Ruley, Ben Bryant and Perry Reed, and by the plaintiffs Socialist Workers Party, George Richard McBride, James Kenneth Gotesky, Elvena Elizabeth Brady, Cleve Andrew Pully and Toba Leah Singer.


    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. No. 2:88-0499
  19. United States v. Barber (1979)

    This criminal action is before the court on the defendant's motion to dismiss the first count of the within indictment. Count One charges the defendant with one violation of Title 18, United States Code, Section 1962(c). Section 1962(c) is contained in Title IX of the Organized Crime Control Act of 1970 (hereinafter, the "Act"). Title IX is entitled "Racketeer Influenced and Corrupt Organizations" (hereinafter, "RICO").


    Court: District Court for the Southern District of West Virginia. Docket: Crim. A. No. 79-20038
  20. Spears v. United States (1967)

    This civil action is to recover damages for personal injuries under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671 et seq., for certain alleged tortious acts that took place while plaintiff was in the custody of a federal officer prior to his having pleaded guilty to a charge of armed robbery and for which he was sentenced to a term of 15 years imprisonment by this Court. Plaintiff sought and was granted leave, under 28 U.S. C.A. § 1915(a),[1] to proceed in forma pauperis, and his [...]

    Court: District Court for the Southern District of West Virginia. Docket: Civ. A. No. 2297

1 of 62 Page(s)

Page:
  1. 2
  2. 3
  3. 4
  4. 5