US District Court NDWV Docket Feed

Earp v. Federal Express Corporation - Motion to Amend Complaint Granted

Judge Kleeh granted James B. Earp's Motion to Amend Complaint in Earp v. Federal Express Corporation (No. 1:25-cv-52), permitting Earp to add a claim under the West Virginia Wage Payment and Collection Act. The court found no prejudice to FedEx, no bad faith in the amendment request, and no futility since the WVWPCA claim could survive a motion to dismiss. The amendment follows a September 2025 scheduling order deadline and FedEx's failure to oppose the motion.

Dye v. Secretary of the United States Department of Labor - Transfer Order

John W. Dye Jr., a pro se plaintiff, filed a Rehabilitation Act retaliation claim in the N.D. West Virginia naming the Secretary of the U.S. Department of Labor as defendant. The court found venue improper because Dye's sole basis was residency in the district, while his alleged workplace (MSHA's Mount Pleasant District) was located in Pennsylvania. The court exercised its discretion under 28 U.S.C. § 1406(a) to transfer the case to the Western District of Pennsylvania rather than dismiss it, thereby avoiding prejudice to the pro se litigant.

Jacklin Romeo et al. v. Antero Resources Corporation - Class Summary Judgment Denied

The United States District Court for the Northern District of West Virginia denied the class members' motions for summary judgment on their breach of contract claims against Antero Resources Corporation. The court also denied as moot a motion to add four class leases as exhibits. The class, certified in March 2020, consists of royalty interest owners who received payments from Antero for natural gas produced from West Virginia wells since January 1, 2009 under leases containing specific gas royalty provisions. The Supreme Court of Appeals of West Virginia had previously answered certified questions in Romeo v. Antero Res. Corp, 917 S.E.2d 26 on June 11, 2025.