William Matthew Kidd

United States District Court for the Northern District of West Virginia district Deceased · served 1979–1998 Appointed by Jimmy Carter (Democratic) 16 signed orders read

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

How Judge Kidd decides

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

What persuades

Kidd required a removing party alleging fraudulent joinder to carry a heavy burden and resolved uncertainty about state law in favor of remand.

“the defendant has not met the ‘heavy’ burden placed upon those who cry ‘fraudulent joinder.’”

In insurance coverage disputes, Kidd declined estoppel where an insurer's conduct had not prejudiced the policyholder's ability to defend itself.

“there is no evidence that the actions of Liberty or Zurich prejudiced Triangle by leaving it defenseless or seriously hampered in its ability to protect itself so as to warrant estoppel.”

Procedural preferences

Kidd followed controlling precedent even when he considered its practical result unsatisfactory.

“Buffalo Forge is clearly the law as stated by the United States Supreme Court and followed by the United States Court of Appeals for the Fourth Circuit; it is the duty of this Court to follow it.”

Signed rulings

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

Lewis v. Firstbank of Shinnston
· 1991-01-08
Motions to dismiss (defendant) Granted

“It is therefore ORDERED that the SBA’s motion be GRANTED and that all claims against the SBA be DISMISSED.”

Plumbers & Steamfitters Local Union No. 152 v. Bland
· 1990-09-26
Summary judgment (plaintiffs) Denied

“The plaintiffs’ motion for summary judgment is DENIED”

Summary judgment (defendants) Granted

“The defendants’ motion for summary judgment is GRANTED”

Rinehart v. Consolidation Coal Co.
· 1987-03-25
Motions to remand (plaintiff) Granted

“Accordingly, the Court GRANTS plaintiff’s motion to remand.”

Aetna Casualty & Surety Co. v. Shambaugh
· 1990-10-16
Summary judgment (plaintiff) Denied

“Plaintiff’s motion for summary judgment is DENIED”

Summary judgment (defendants) Granted

“Defendants’ motion for summary judgment is GRANTED”

Motion to appoint guardian ad litem (plaintiff) Moot / procedural

“Also pending is Aetna’s motion for appointment of a guardian ad litem for Garry. In light of the Court's ruling, said motion is now moot.”

United Mine Workers, District 31 v. Erwin Industries, Inc.
· 1987-06-04
Summary judgment (defendant) Granted

“ORDERED that the defendant’s cross-motion for summary judgment be GRANTED and that this action be DISMISSED and stricken from the docket of the Court.”

Sharp v. AT & T Communications
· 1987-04-30
Motions to remand (plaintiff) Granted

“the Court therefore ORDERS this matter REMANDED to the Circuit Court of Marion County, West Virginia”

Consolidation Coal Co. v. Local 1702, United Mine Workers
· 1989-06-27
Preliminary injunction (plaintiff) Denied

“Consol’s motion for preliminary injunction seeking to enjoin the Locals from engaging in the work stoppage is DENIED”

Motion for order to show cause (plaintiff) Denied

“the Court DENIES Consol’s motion for issuance of order to show cause and for civil contempt judgment.”

Hinzman v. Superior Toyota, Inc.
· 1987-05-19
Motions to dismiss (defendant) Denied

“Accordingly, defendant Porter’s motion to dismiss with regard to the Court's in personam jurisdiction is DENIED.”

Horton v. Dixie-Narco
· 1989-10-23
Summary judgment (defendants) Granted

“Accordingly, defendants’ motion for summary judgment as to Count II is GRANTED and the same is DISMISSED.”

Fragmin v. Walker
· 1984-10-03
Motions to dismiss (defendant) Granted

“Therefore, the defendant City of Clarksburg should be dismissed from this action and it is so ORDERED.”

Liberty Mutual Insurance v. Triangle Industries, Inc.
· 1991-03-12
Summary judgment (Liberty) Granted

“the respective motions for summary judgment by Liberty, NJPLIGA, and Zurich should be, and the same are hereby, GRANTED”

Summary judgment (NJPLIGA) Granted
Summary judgment (Zurich) Granted
Summary judgment (Triangle against Liberty) Denied

“the respective cross-motions for summary judgment by Triangle are DENIED.”

Summary judgment (Triangle against NJPLIGA) Denied
Summary judgment (Triangle against Zurich) Denied
State of West Virginia v. Anchor Hocking Corp.
· 1987-12-21
Motions to remand (plaintiffs) Granted

“ORDERED that plaintiffs’ motion to remand is hereby GRANTED and this civil action shall be remanded to the Circuit Court of Harrison County, West Virginia.”

Caseload & timing

From public federal docket records for this judge.

The sampled assigned matters included statutory, contract, habeas, copyright, insurance, and personal-liability cases. The sample is not a complete historical caseload measure.

A historical record

Judge Kidd 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.