Houston, Timothy D.
Mr. Houston's primary areas of practice are trial work, litigation and appellate practice focusing on
complex tort
litigation, medical monitoring and commercial litigation.
Representative Experience
- Substantial experience in defending deliberate intent actions arising from work place injuries
- Substantial experience in obtaining injunctive relief on behalf of energy companies against environmental activists stemming from trespasses onto active surface mine properties
- Experienced in defending financial institutions against actions brought by the State of West Virginia under the West Virginia Consumer Credit and Protection Act
- Substantial experience in defending home manufacturers and construction companies against claims of manufacturing and construction defects resulting in alleged exposure to toxic substances
- Experienced in defending medical device manufacturer against product defect claims
- Experienced in defending against allegations of groundwater contamination seeking medical monitoring allegedly caused by hydraulic fracturing and chemical production activities
Representative Cases
- Reynolds v. American Red Cross National Headquarters, et al., Civil Action No. 5:10-CV-00443 (S.D. W. Va.) – Part of trial team that obtained summary judgment on claims alleging disability discrimination and retaliation in violation of the Americans with Disabilities Act of 1990 and the Civil Rights Acts of 1964 and 1991.
- Rhodes, et al. v. E. I. du Pont de Nemours and Co., 657 F. Supp. 2d 571 (S.D. W. Va. 2009), aff'd 2011 WL 1335799 (4th Cir. 2011) - Part of trial team that obtained summary judgment in action alleging water contamination and seeking damages for personal injuries and medical monitoring. The district court's order granting summary judgment was affirmed on appeal.
- Jones v. E. I. du Pont de Nemours and Co., Case No. 2:07-CV-0536 (S.D. W. Va. 2010) - Part of trial team that obtained summary judgment in deliberate intent action for injuries allegedly suffered by employee while unloading a chemical barge.
- State ex rel. West Virginia Parkways Authority v. Barr, No. 35757 (W. Va. Supreme Court Dec. 7, 2010) - Successfully brought action before the Supreme Court of Appeals of West Virginia to vacate county commission's attempt to veto $200 million State Parkway Project.
- Alex Energy, Inc. v. Caskey, et al., Civ. No. 09-C-187 (Cir. Ct. Raleigh County W. Va.) - Successfully prosecuted show cause proceeding resulting in finding of contempt against environmental activists for violation of temporary restraining order and obtained award of attorneys' fees. The Supreme Court of Appeals of West Virginia denied appellate review.
Education
- College of the Holy Cross, B.A., 2004
- Duquesne University School of Law, summa cum laude, J.D., 2008 -- Duquesne Law Review, Senior Staff; Duquesne University School of Law Distinguished Student Award; Duquesne National Moot Court Team; Order of the Barristers; CALI Award, Contracts, Sales and Leased Goods, Evidence, and Pennsylvania Criminal Procedure Project
- International Association of Defense Counsel Trial Academy, Stanford Law School, 2011
Admissions
- West Virginia and Pennsylvania State Bars
- United States District Courts for the Southern and Northern Districts of West Virginia
Awards & Distinctions
- Listed by West Virginia Super Lawyers magazine as a Rising Star in Civil Litigation Defense
- Litigation Counsel of America - Associate Fellow, 2011-present
Publications
- Co-Author, "Spring 2011 Case Law Update Newsletter," The National Forum for Environmental & Toxic Tort Issues (FETTI)
- "Supreme Court of Appeals of West Virginia Revisits Claims for Medical Monitoring," American Bar Association, Section of Litigation (Products Liability), News & Developments (March 16, 2011)
- Co-Author, "Handshakes that Turn Into Wrestling Matches - Discovery vs. Trial Depositions, Rule 30(b)(6), and The 100 Mile Rule," International Association of Defense Counsel, Trial Techniques and Tactics Committee Newsletter (2011)
- Co-Author, "Increased Enforcement and Higher Penalties Under the MINER Act: Do They Improve Worker Safety?," 30 Energy & Min. L. Inst. 301 (2009)
- Co-Author, "Checking Meritless Mass Tort Claims at the Door - Lone Pine Case Management Orders Reinforce the Obligation of Plaintiffs' Counsel to Have a Case Before Filing Suit," International Association of Defense Counsel, Toxic Tort and Hazardous Substance Committee Newsletter (August 2009)
- "The Use of Lone Pine Case Management Orders in Mass Tort Litigation," Defense Trial Counsel of West Virginia Summer 2009 Notebook of Articles (June 2009)
- Two Roads Diverged in a Yellow Wood - The Pennsylvania Supreme Court's Seven Year Walk to Arrive Right Back at the Fork: Gehring v. Pennsylvania Labor Relations Board, 46 Duq. L. Rev. 607 (2008)