Willard Craig Broadwater

United States District Court for the Northern District of West Virginia district Deceased · served 1996–2006 Appointed by Bill Clinton (Democratic) 18 signed orders read

Judge Broadwater no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Broadwater decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In a False Claims Act case, evidence that government officials knew of and directed the challenged billing practices defeated the required scienter.

“As mandated by Becker, any scienter requirement is negated by the government’s knowledge and approval.”

At summary judgment, Broadwater required evidence beyond allegations restated in affidavit form to establish a genuine factual dispute.

“Merely transferring one’s pleadings into affidavit form is insufficient to affirmatively demonstrate the existence of a genuine issue of material fact.”

Procedural preferences

When deciding an unsettled state-law question in diversity, Broadwater declined to enlarge state law beyond the available authority.

“Because this Court sits in diversity applying West Virginia law, the Court cannot expand upon this unexplored area of West Virginia law.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Jackson v. Allstate Insurance Co.
3:00-CV-78 · 2000-12-27
Motions to remand (plaintiffs) Denied

“1. DENIES the plaintiffs’ motion to remand;”

United States ex rel. Werner v. Fuentez Systems Concepts, Inc.
3:00-CV-95 · 2004-03-31
Summary judgment (defendants) Granted

“Accordingly, summary judgment is. GRANTED as to all defendants and the matter is DISMISSED.”

State of West Virginia ex rel. McGraw v. Parrish Automobile Training Co.
1:01-CV-27 · 2001-05-03
Motions to remand (plaintiff) Granted

“the Court hereby GRANTS the plaintiffs motion and remands this action to the Circuit Court of Taylor County, West Virginia.”

Turner v. United States
3:01-CV-04 · 2001-02-21
Petition for writ of habeas corpus (petitioner) Denied

“For the reasons set forth below, the Court DENIES petitioner’s petition for a writ of habeas corpus and DISMISSES this matter from the active docket of this Court.”

Apple Valley Chevy v. Goodwin
3:96-CV-60 · 1998-02-23
Motion for attorney fees (defendant) Denied

“That the Defendant’s Motion to Award Costs and Attorney Fees (Document # 33) is DENIED as more fully set forth above.”

Piedmont Environmental Council v. Flowers
3:02-CV-34 · 2004-03-31
Motion in limine (defendant) Granted

“WVDOT’s motion in limine (Docket number 31-1) is GRANTED,”

Motions to dismiss (defendant) Granted

“WVDOT’s motion to dismiss count three of the amended complaint (Docket number 31-2) is GRANTED,”

Duwel v. Charles Town General Hospital
02-CV-35 · 2004-09-30
Summary judgment (defendants) Granted

“Therefore, the Court hereby GRANTS Defendants’ Motion for Summary Judgment.”

Fowler-Cornwell v. United States
3:98-CV-19 · 2001-08-14
Motion to vacate sentence (petitioner) Granted

“the Court hereby ORDERS that the petitioner’s motion be, and hereby is, GRANTED. Therefore, the petitioner’s sentence is hereby VACATED and the plea agreement between the petitioner and the United States is set aside and the Court GRANTS the petitioner a new trial.”

Miller v. PrimeCare Medical AS
3:98-CV-83 · 2000-03-20
Summary judgment (defendants) Granted

“That the defendants’ motion for summary judgment (Document No. 15) be GRANTED;”

APAC-Atlantic, Inc. v. Protection Services, Inc.
3:04-CV-49 · 2005-11-10
Summary judgment (defendant) Granted

“the Court now ORDERS that Defendant Travelers’s Motion for Summary Judgment (Docket #20) is now GRANTED.”

Huff v. Prime Care Medical
3:98-CV-79 · 2000-02-01
Summary judgment (defendant) Granted

“That Prime Care’s motion for summary judgment (Document No. 14) be GRANTED;”

In re Hollida
3:97-MC-09 · 1997-09-10
Motion to withdraw reference (creditor) Denied

“That the Motion for Withdrawal of Reference (Document No. 2) by movant-creditor Chambers Chiropractic Offices, C.C., is DENIED and the matter REMANDED to the United States Bankruptcy Court for the Northern District of West Virginia;”

Caseload & timing

From public federal docket records for this judge.

The sampled assigned matters included civil-rights, insurance, habeas, prisoner, product-liability, public-contract, and tax cases. The sample is not a complete historical caseload measure.

A historical record

Judge Broadwater no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.