Dennis Raymond Knapp
Judge Knapp no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Knapp decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Knapp treated a state wage claim as independent of federal labor and benefits law when calculating the award did not require interpreting the collective bargaining agreement.
“the Court finds that the plaintiffs’ claim is not preempted by either the Employee Retirement Income Security Act or the Labor Management Relations Act.”
In black-lung review, Knapp awarded benefits when a regulatory presumption was established and the administrative record supplied no rebuttal evidence.
“Further the record is bereft of any evidence that can conceivably be construed to rebut that presumption.”
Procedural preferences
Knapp required parties to complete an available administrative process before asking the district court to intervene.
“To permit employers to resort to the district court after only the initial administrative determination of liability has been made would serve to make a mockery of the orderly administrative procedure established by Congress to deal with the problem.”
Knapp abstained from a federal action while an ongoing state professional-disciplinary process remained unresolved.
“the three primary requirements for abstention under Younger have been met in this action.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“it is hereby ORDERED that defendants’ motion to dismiss be granted, and that this Court abstain from further action in the above-styled case.”
“Accordingly, it is hereby ORDERED that this matter be remanded to the Circuit Court of Kanawha County, West Virginia.”
“The Court finds that the Board’s Draft Decision is correct and is binding on the Agency and judgment is rendered for the plaintiff.”
“In accordance with the Court’s order heretofore entered on December 9, 1988, which denied plaintiffs motion for preliminary injunction”
“it is hereby ORDERED that plaintiff’s motion for summary judgment be granted and defendant Roger McKee’s like motion be denied.”
“it is hereby ORDERED that Plaintiffs’ motion for summary judgment be granted; that Defendants’ like motion be denied; and that Defendants’ motion to strike the affidavits filed by Plaintiffs in support of their motion be denied.”
“it is therefore ORDERED that plaintiff’s motion for summary judgment be granted and that the like motion of the defendant be denied.”
“the Court is of the opinion that plaintiffs are entitled to the injunctive relief sought herein.”
“Petitioner’s motion for a temporary restraining order be denied;”
“Accordingly, it is hereby ORDERED that this case be remanded to the Secretary for action in accordance with this Memorandum Order.”
“that default judgment be entered for the plaintiff and that he be awarded benefits in accordance with his application and the provisions of the Act.”
“it is ORDERED that the motion of the defendants to dismiss this action pursuant to Rule 41(b), Federal Rules of Civil Procedure, be, and the same is, granted.”
Caseload & timing
From public federal docket records for this judge.
The sampled assigned matters included motor-freight, electric-power, labor, benefits, forfeiture, habeas, and insurance disputes. The sample is descriptive and is not a complete historical caseload measure.
A historical record
Judge Knapp 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.