West Virginia - Download as PDF

					      WEST VIRGINIA

      Local litigation firms
      Highly recommended
                                           West Virginia
      Allen Guthrie McHugh & Thomas
      Bowles Rice McDavid Graff & Love     The mining industry continues to bring in major litigation for in-state litigators,
      Dinsmore & Shohl                     with medical malpractice, insurance and energy cases following close behind. In
      Jackson Kelly                        the state’s most notable trial, Garrison Tawney filed a suit going after West
                                           Virginia’s billion-dollar natural-gas industry, but died before he had the chance to
      Spilman Thomas & Battle
                                           see the case’s verdict of $405 million.
      Steptoe & Johnson

                                           Highly recommended firms                           Virginia network, Dinsmore & Shohl receives
      Recommended                          Allen Guthrie McHugh & Thomas represents           praise for its litigation talents. Offices include
                                           clients in a variety of complex commercial         Charleston, Morgantown and Wheeling with
      Bailey & Glasser                     litigation situations. Among its clients are       additional offices in Kentucky and
      Carey Scott & Douglas                securities companies, tobacco manufacturers,       Pennsylvania. Major practice areas for the
                                           pharmaceutical manufacturers and hospitals.        litigation team include products liability,
      Flaherty Sensabaugh & Bonasso
                                           Major practice areas include products              general commercial, toxic torts and mass
      Goodwin & Goodwin                    liability, securities and toxic torts. Dupont      torts litigation, with the intellectual property
      Hendrickson & Long                   included the firm on its list of Primary Law       group continuing to grow. Major clients
                                           Firms and Service Providers. The “mission”         include Massey Energy, RJ Reynolds Tobacco
      Jenkins Fenstermaker                 of the firm is to “continue to serve West          and Allegheny Energy.
      The Tinney Law Firm                  Virginia into the new millennium as one of            Managing partner in West Virginia Henry
                                           this state’s preeminent law firms.” The firm is    Jernigan Jr represents clients in products
                                           also involved in tobacco litigation                liability, mass torts and natural resource
                                           representing roughly 750 plaintiffs against        litigation. Notable past clients include
                                           Altria Group, the parent company of Phillip        Chrysler in rollover litigation, Black &
                                           Morris. David Thomas and Rebecca Betts             Decker involving products liability cases and
                                           both receive recommendations for their             Procter & Gamble for toxic shock claims.
                                           litigation work and trial experience handling      Associate Jason Long receives accolades for
                                           high-profile matters. Associate Peter              his work on “collection rights and security
                                           Markham also receives praise for his work          interests of creditor clients.” Long regularly
                                           handling both litigation and appeals.              defends automobile manufacturers in various
                                              Founded in Charleston, Bowles Rice              claims. Ramonda Lyons receives recognition
                                           McDavid Graff & Love has an extensive              for her work with insurance, motor vehicle,
                                           presence across the state. With more than          mining and natural resource litigation.
                                           120 attorneys, spread across its six offices,      Ashley Pack, an associate in Charleston,
                                           the firm can handle an array of litigation.        handles labor and employment cases
                                           Major practice areas include antitrust,            involving discrimination and wrongful
                                           construction, insurance, products liability        discharge.
                                           and toxic torts. The firm has more than 40            Jackson Kelly spreads six offices over West
                                           attorneys dedicated to trial, and “work            Virginia with an expansive team of trial
                                           closely with the other lawyers in the firm to      attorneys. Offering several commercial
                                           make certain that the litigation results are       litigation strengths, the firm has seen a recent
                                           consistent with clients’ other legal needs. The    growth        in      governmental,        health,
                                           firm continues a recent expansion with             environmental and white-collar criminal
                                           several new attorneys adding to the strength       defense work. The firm strives to “provide
                                           of the Charleston office. A recent case            superior legal representation and customer
                                           involves representing a student with               service to its clients” while “maintaining the
                                           disabilities in a lawsuit against West             highest standards in legal education and
                                           Virginia’s Board of Law Examiners. As chair        qualifications.” Recent casework includes the
                                           of risk management at the firm, Gerard             successful defense of Northrop Grumman in
                                           Stowers       handles    business     litigation   a qui tam False Claims Act matter against the
                                           encompassing legal malpractice and personal        client. A motion to dismiss the case was
                                           injury law. Ashley Hardesty receives mention       granted to the government contract practice
                                           for her litigation practice with an emphasis       after it proved “the case lacked sufficient
                                           on labor and employment law, serving in the        merit to justify the national security risk
                                           Morgantown office.                                 associated with prosecuting the case.”
                                              Based in Ohio, but with a significant West         Charleston attorney Alvin Emch handles

                                           “The verdict in the class action came in at roughly $405
                                           million in a decision that upheld the claims of 8,000 owners
                                           who had not been given their fair share for allowing the
                                           companies to drill for gas on their land.”
                                           – Carey Scott & Douglas

350                           Litigation
                                                                                                                                 WEST VIRGINIA

products liability, personal injury, toxic torts   involving asbestos, silica, benzene, mold and       Local litigation stars
and mass torts in his practice. Emch, former       “other organic and inorganic substances.”
chief executive officer of the firm, also          Peter Raupp receives mention for handling           Benjamin Bailey
handles appellate matters in state and federal     personal injury and insurance defense matters       Bailey & Glasser
courts. Associate Matthew Nelson receives          as an associate in the Charleston office.
mention for his work handling toxic tort,                                                              Rebecca Betts
class action and product liability matters. He     Recommended firms                                   Allen Guthrie McHugh & Thomas
emphasizes “advising clients on issues             “Full-service” firm Bailey & Glasser focuses
concerning electronic discovery,” which            on “bringing innovative approaches to               Michael Carey
include the “preservation, retrieval, review       complex trials and appeals.” This boutique          Carey Scott & Douglas
and production of electronically stored            firm provides clients an emphasis on
information.”                                      contracts, antitrust, coal and energy, fraud        Alvin Emch
   Spilman Thomas & Battle has more than           and white-collar criminal matters. Past work        Jackson Kelly
100 attorneys spread across four states            experience includes representing Mingo
                                                                                                       Robert Gifford
including Charleston, Morgantown and               County residents against Massey Energy in a         Steptoe & Johnson
Wheeling. The firm “encourages an early case       well water contamination case relating to
assessment for every new litigation matter,”       Massey’s underground mining operation. A            Thomas Goodwin
and has a focus on general commercial              jury ruled in favor of the clients in Mingo         Goodwin & Goodwin
litigation including antitrust, construction,      County and awarded them with $1.64
banking, intellectual property and products        million. Benjamin Bailey focuses on complex         David Hendrickson
                                                                                                       Hendrickson & Long

                                                                                                       Henry Jernigan
“The ‘mission’ of the firm is to ‘continue to serve West                                               Dinsmore & Shohl

Virginia into the new millennium as one of this state’s                                                Niall Paul
                                                                                                       Spilman Thomas & Battle
preeminent law firms.’”
- Allen Guthrie McHugh & Thomas                                                                        Thomas Scarr
                                                                                                       Jenkins Fenstermaker

                                                                                                       Don Sensabaugh
liability. Asbestos cases continue to keep the     commercial litigation and white-collar              Flaherty Sensabaugh & Bonasso
firm busy, as one of the most active forms of      criminal defense cases. Marc Weintraub’s
litigation in the state. The firm continues        litigation practice focuses on energy,              Gerard Stowers
steady growth with several new associates          corporate finance, real estate and securities.      Bowles Rice McDavid Graff & Love
joining the offices in 2008, as well as new        Weintraub “has negotiated and drafted
attorneys joining the North Carolina offices.      energy project development agreements for           David Thomas
                                                                                                       Allen Guthrie McHugh & Thomas
   Niall Paul handles commercial litigation        projects located in the United States, Latin
for torts and employment. Experience               America and the Near East.”                         John Tinney
includes representing several clients in              The small team at Carey Scott & Douglas          The Tinney Law Firm
successful jury verdicts involving toxic tort      receives mention for litigation regarding
claims, unfair trade practices and deliberate      products liability, personal injury and             James Walls
intent injury claims. James Walls receives         wrongful death, mining, coal and white-             Spilman Thomas & Battle
mention for his employment discrimination          collar criminal defense. The firm has
and personal injury defense practices, and         experience handling toxic torts in asbestos
also handles appellate matters. Senior             matters, however, the biggest win came in a
attorney Angela Herdman focuses her                recent case started by the late Garrison
insurance litigation practice on coverage and      Tawney       against     Columbia        Natural
bad faith claims as well as personal injury        Resources, and other gas companies in a
matters. Herdman’s experience comes from           matter involving underpaid royalties. The
working at both Nationwide Insurance and           verdict in the class action came in at roughly
State Farm Insurance.                              $405 million in a decision that upheld the
   Steptoe & Johnson offers six offices in the     claims of 8,000 owners who had not been
state including Charleston, Clarksburg,            given their fair share for allowing the
Huntington, Martinsburg, Morgantown and            companies to drill for gas on their land.
Wheeling. The firm offers 180 attorneys            While an appeal was filed, the West Virginia
across seven offices, the last of which is in      Supreme Court turned it down in a
Ohio. Litigation strengths include energy,         unanimous decision. Key to this case is
health care, employment and medical                former US district attorney Michael Carey,
malpractice. Products liability continues to       who represents several of the plaintiffs. Carey
play a prominent role in the firm with             handles all matters of civil litigation including
consumer products, pharmaceutical and              personal injury, construction and white-collar
toxic tort cases. The firm’s offices continue a    criminal defense.
strong growth with several new additions to           As one of West Virginia’s largest litigation
the West Virginia and Ohio locations. Past         firms, Flaherty Sensabaugh & Bonasso
clients include American Electric Power,           “represents individuals and corporations –
Monongalia General Hospital and West               from small business to multinational
Virginia University. Co-chair of the products      corporations – in every aspect of trial
liability group Robert Gifford handles cases       presentation.” Class actions, products

                                                                 THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS          351

      Future stars                        liability,    medical      malpractice      and   defense matters. Lora Dyer receives mention
                                          employment law constitute major litigation        for her toxic torts and products liability
      Lora Dyer                           practice areas for the firm. The attorneys take   practice.
      Hendrickson & Long                  a “proactive approach to resolving litigation        Jenkins Fenstermaker is a “full service”
                                          matters,” while “keeping in mind the clients’     firm based in Huntington, with a reach into
      David Fenwick                       desire for cost-effective representation          legal matters in Virginia, Georgia and
      Goodwin & Goodwin                   balanced with maximum legal protection.”          Florida. The firm prides itself on building
                                          Case representations include obtaining a          success based on “quality service, reasonable
      Phillip Glyptis                     summary judgment for a surface mining             fees and individualized attention.” The firm
      Flaherty Sensabaugh & Bonasso       operator and a dismissal of a medial              emphasizes “client communication” to
                                          malpractice case in Ohio.                         effectively respond to any needs that may
      Ashley Hardesty                        Don Sensabaugh Jr handles health law           arise. Notable practice areas within litigation
      Bowles Rice McDavid Graff & Love    cases for the firm including medical              include personal injury, products liability,
                                          malpractice defense and hospital malpractice      insurance, health care and business matters.
      Angela Herdman
      Spilman Thomas & Battle
                                          lawsuits. Associate Phillip Glyptis receives      The firm recently added two new lawyers to
                                          mention for his work on products liability        its practice, increasing its litigation practice.
      Robert James                        and professional liability matters, while         Head of the litigation group Thomas Scarr
      Flaherty Sensabaugh & Bonasso       Robert James receives praise for his              focuses on civil litigation experience with an
                                          professional liability, labor law and motor       emphasis on labor and employment law.
      Brian Lindsay                       vehicle law practice. Past clients for James      Scarr regularly handles personal injury,
      Jenkins Fenstermaker                include CVS Pharmacy and Staples.                 products liability, toxic tort and medical
                                             With three offices in West Virginia,           malpractice claims. Brian Lindsay receives
      Jason Long                          Goodwin & Goodwin offers clients a range          praise for his asbestos and silica litigation,
      Dinsmore & Shohl                    of litigation services including products         and insurance defense.
                                          liability, personal injury, employment and           The Tinney Law Firm emphasizes trial law
      Ramonda Lyons
                                          insurance law. A “forward-thinking and            in its various practices. Antitrust,
      Dinsmore & Shohl
                                          progressive” firm, it has grown to “keep pace     professional liability, products liability,
      Peter Markha                        with developments in the law as well as           personal injury and white-collar criminal
      Allen Guthrie McHugh & Thomas       business processes and technology that best       defense all stand out as prominent practice
                                          meet client needs.” Thomas Goodwin                areas within the group. The firm recently
      Matthew Nelson                      receives praise for representing clients in       flied a class action suit against Richard Allan
      Jackson Kelly                       complex commercial litigation including the       Filbin in connection with “114 counts of
                                          “purchase and sale of stock and/or business       criminal invasion of privacy for allegedly
      Ashley Pack                         assets.” David Fenwick handles employment         videotaping his clients while they undressed
      Dinsmore & Shohl                    and telecommunications litigation and has         and dressed.” Representing the plaintiffs in
                                          experience counseling employers on equal          the matter, the suit seeks compensatory and
      Peter Raupp                         employment opportunities, discrimination          punitive damages. The firm also represented
      Steptoe & Johnson
                                          and leave of absence issues.                      General Motors in conjunction with Kirkland
      Michele Tysiak
                                             Hendrickson & Long receives mention as a       & Ellis. With more than 35 years of
      Jackson Kelly                       general litigation practice offering clients      experience handling trials, John Tinney
                                          expertise in asbestos defense and commercial      receives praise for his work representing
      Marc Weintraub                      law. It handles litigation counsel for many       several high-profile clients for the firm.
      Bailey & Glasser                    local businesses. The firm often handles          Products liability, professional liability and
                                          medical malpractice suits with the help of star   mass torts are significant practice areas for
                                          attorney and name partner David                   Tinney with clients such as Schering-Plough,
                                          Hendrickson. Hendrickson also handles             Liberty Mutual, City of Charleston and City
                                          products liability, toxic torts and insurance     of Summersville.

352                          Litigation

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