expectServices
  • Alternative Dispute Resolution
  • Appellate Litigation
  • Asbestos Litigation
  • Compliance, Privacy & Investigations
  • Construction Law
  • Consumer Finance
  • Deliberate Intent Litigation
  • E-Discovery
  • Insurance Coverage & Bad Faith
  • Insurance Defense
  • Litigation
  • Litigation - The Battle Group
  • Medical Monitoring
  • Product Liability Litigation
  • Toxic Tort Litigation
  • White Collar Criminal Defense & Compliance
  • expectEXPERIENCE
    • Alternative Dispute Resolution
    • Appellate Litigation
    • Asbestos Litigation
    • Compliance, Privacy & Investigations
    • Construction Law
    • Consumer Finance
    • Deliberate Intent Litigation
    • E-Discovery
    • Insurance Coverage & Bad Faith
    • Insurance Defense
    • Litigation
    • Litigation - The Battle Group
    • Medical Monitoring
    • Product Liability Litigation
    • Toxic Tort Litigation
    • White Collar Criminal Defense & Compliance
    • Overview
    • Professionals
    • Resources

    Litigation and trials can be both costly and time-consuming for all parties involved, and experienced lawyers often advise their clients another means of resolving the dispute would be more beneficial. When an arbitration is required or both sides of a dispute decide to mediate, Spilman lawyers have the training and experience to assist.

    An effective mediator can help attorneys and their clients avoid the costs and time of a lengthy trial. In some instances, an early mediation can obtain the desired resolution, minimizing the long and drawn-out litigation process.

    Seasoned litigators for defendants and plaintiffs, Spilman attorneys have a deep understanding of the types of issues that arise during a dispute and the concerns of parties on both sides. As mediators, our attorneys help all parties get to the heart of a matter and find ways to come to a fair and equitable agreement.

    Our experienced mediators assist in a wide variety of disputes, including those involving the following:
      Spilman can also provide a AAA-trained neutral to assist in construction arbitrations, as needed.

    For more information on Spilman’s alternative dispute resolution practice, please contact:


    Nicholas S. Preservati
    304.720.3437
    npreservati@spilmanlaw.com
    John F. Allevato H. Dill Battle III Mark D. Clark Kelly J. Kimble Clifford F. Kinney Jr. Gerald E. (Gee) Lofstead III Neva G. Lusk Don C. A. Parker Nicholas S. Preservati Edward W. Rugeley III Grant P. H. Shuman Ward D. (Jerry) Stone Jr.
    5/4/2011
    • Overview
    • Professionals
    • Results
    • Resources

    With former law clerks as Members of the firm, our Appellate Attorneys understands how appellate judges work and think — giving our clients a distinct advantage. We represent clients in the West Virginia Supreme Court of Appeals, in the Pennsylvania and West Virginia Supreme Court and in many of the United States Courts of Appeals — the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, and the District of Columbia Circuits.

    Our experience covers a wide variety of litigation issues, such as:
      Spilman’s approach to appellate litigation helps our clients make intelligent business decisions regarding the efficacy of an appeal: an evaluation of the impact of an adverse decision and the probabilities of success of an appeal. Next, we do the hard work: identify the primary issue for appeal, anticipate the judges’ questions and prepare to answer by a thorough knowledge of the record below.

    We advise clients about the propensities of a panel or court. We routinely “shadow” trials in order to prepare to take an appeal.

    Spilman appellate attorneys are also familiar with federal mediation programs involving appeals. Our lawyers’ reputations are enhanced by attendance at The Fourth Circuit Judicial Conference.

    The goal is to help our clients achieve the best possible outcome. It is with this dedication that we put our best to work for you

    For more information regarding our Appellate Litigation Practice Group, contact:

    Don C.A. Parker
    304.340.3896
    dparker@spilmanlaw.com

    Eric E. Kinder
    304.340.3893
    ekinder@spilmanlaw.com
    Michael J. Basile Samuel M. Brock III James S. Crockett Jr. Paula L. Durst Lee F. Feinberg Michael S. Garrison Matthew P. Heiskell Eric W. Iskra Heather Heiskell Jones Eric E. Kinder Neva G. Lusk Don C. A. Parker Niall A. Paul Edward W. Rugeley III Ronald W. Schuler Grant P. H. Shuman James A. Walls Karin L. Weingart Charles L. Woody University Prevails in Appeal Before WV Supreme Court & Upholds Class Action Waiver in Arbitration A Spilman Wins Important Appeal Regarding "Stacking" UIM Coverage
    3/27/2014
     
    2/18/2013
    • Overview
    • Professionals
    • Resources

    The firm represents former manufacturers of asbestos-containing products in product liability actions and entities sued for premises liability. Our asbestos litigation experience includes state and federal courts and federal multi-district litigation. We have been engaged in this practice for more than 20 years.

    Few jurisdictions in the country are as active in asbestos litigation as West Virginia. Plaintiffs have pursued cases in various formats, including single and multiple-plaintiff actions on the issues of liability and damages, and “mass” plaintiff (consolidated cases) in which issues of liability and damages are bifurcated for trial. To remain at the forefront of the litigation, the firm frequently serves as liaison counsel for the defendants in mass consolidation cases. To facilitate our role as liaison counsel, the firm maintains a library of depositions and summaries, which allows attorneys and paralegals to access pertinent information for case assessment.

    In addition, we have established secure computer links to ensure complete and consistent communication with our clients. Our efforts to streamline the asbestos defense practice and serve as liaison counsel has resulted in a proficient, well-trusted and efficient defense team.

    The firm’s commitment to asbestos defense litigation has resulted in:
     
    • Diverse experience in representing traditional and non-traditional defendants in product liability claims
    • Efficient handling of files from filing of the complaint to resolution of the claim
    • The establishment of detailed libraries designed to focus on specific product groups
    • Autonomy in discovery matters
    • Proficiency and efficiency in conducting discovery and evidentiary depositions
    • The organization of expert witness databases
    • Experience in state court removal practice
    • Flexibility to provide immediate attention to our clients’ needs
    • The trust and respect of the court, our fellow defense counsel, and plaintiffs’ counsel
    • Successful resolution of mass consolidation claims
    In short, Spilman provides comprehensive, highly proficient representation of clients in asbestos products liability and premises liability.

    For more information regarding our Asbestos Litigation Practice Group, contact:


    Edward W. Rugeley, III
    304.340.3881
    erugeley@spilmanlaw.com 
    Andrew P. Arbogast Paula L. Durst Keith D. Fisher Robert R. Leight Bryan S. Neft Edward W. Rugeley III
    8/30/2017
    • Overview
    • Professionals
    • Resources

    Government investigations and data security breaches can cause major disruptions to a business’s operations. How that business responds when regulators initiate an investigation or go onsite can mean the difference between a short distraction and a lengthy law-enforcement inquiry. Data security incidents can result in major reputational and economic costs, even more so without plans for prevention and mitigation in place.
     
    In the wake of the Dodd-Frank Wall Street Reform Act and the myriad other federal and state regulations placed upon businesses, corporations must respond quickly and proactively to any complaints or irregularities. The proactive steps a business takes to comply with the growing array of federal and state laws and regulations, as well as how it prepares for a government investigation, can significantly alter the scope and depth of any inquiry. Ensuring that your business procedures comply with current rules and regulations can reduce the risk of government inquiries in the first place. 
     
    Spilman provides full-spectrum regulatory and compliance advice to our clients. Our team provides comprehensive reports to assist officers and directors in making important business decisions. We help you develop and implement plans and practices to avoid problems from arising. In the event a problem does arise, we efficiently and discreetly assist clients with all manner of investigations. 
     
    Our response teams help companies protect their interests while still cooperating and assisting with government inquiries. We understand the priorities of investigators, and we know how to interact with them during examinations and reviews. We can help manage public relations and control your company’s priceless reputation in the midst of the investigatory storm.
     
    Clients call on Spilman for guidance and assistance with:
     
    • Data breach and cybersecurity issues and response
    • Regulatory enforcement and compliance
    • Environmental investigations and inquiries
    • False Claims Act/government procurement
    • Employee and whistleblower investigations
    • Privacy policy development and questions
    • Consumer protection investigation and inquiries
    • Corporate governance 
    • Due diligence in mergers and acquisitions
    • Civil litigation and trials
     
    We also assist clients dealing with allegations of:
     
    • Accounting and financial fraud, including securities, tax, and bank fraud 
    • Campaign finance improprieties and political corruption 
    • Criminal violations, including white-collar crime 
    • Economic sanctions violations
    • Foreign Corrupt Practices Act (“FCPA”) violations 
    • Fraudulent business practices
    • Health care fraud, finance, and investigations
    • Insurance fraud and compliance
    • Insider trading
    • Money laundering
     
    Our team includes attorneys with a wide range of experience, including as in-house general counsel, leadership roles in departments of state government, and as state and federal prosecutors. 
     
    Examples of recent engagements and experience include:
     
    • Representing and advising institution of higher education regarding theft of personally identifiable information, including coordination with law enforcement, notification obligations, and breach mitigation
    • Advising health care system on its data security and privacy policies and preparation of an incident response plan
    • Preparing customer-facing and vendor-facing agreements for financial institutions and advising on regulatory inquiries and response
    • Conducting investigation of high-level former employee theft of funds and property, including coordinating with law enforcement and pursuing insurance coverage
    • Regularly advising health care practices on privacy laws, best practices, security requirements, and encryption rules throughout the United States
    • Representing physician group in government investigation of Medicare payments, False Claims Act, and STARK law claims
    • Advising major financial institutions on attorney general and state regulatory investigations concerning various customer practices, including coordination with parallel civil litigation
     
    When your business faces a government investigation or cybersecurity threat, our firm’s diverse resources allow us to custom-tailor a critical response team to meet your immediate onsite needs. Spilman’s top priority in such situations is solving your problems with exceptional service at an excellent value.

    For more information regarding our compliance, privacy & investigations practice contact:


    Gerald M. Titus, III
    304.340.3846
    gtitus@spilmanlaw.com
    Michael S. Garrison Matthew P. Heiskell Debra Lee Hovatter Bruce M. Jacobs Neva G. Lusk Alexander Macia Nicholas P. Mooney II Jeffrey D. Patton Sharon L. (Shari) Potter Nicholas S. Preservati Dennise R. Smith Gerald M. Titus III James A. Walls
    10/19/2016
     
    4/26/2016
     
    12/4/2012
    • Overview
    • Professionals
    • Results
    • Resources

    Spilman’s construction law practice is a full service, interdisciplinary practice consisting of experienced construction practitioners and drawing on our associated practices in real estate, economic development, labor and employment, workers’ compensation, product liability, corporate law, and litigation.

    The firm’s Construction Law Practice Group assists professionals in construction, design, engineering, and associated industries. Our attorneys represent developers, general and sub-contractors, property owners and managers, design professionals, insurers, and product manufacturers, including construction supervisors and related management. Spilman’s construction law attorneys also work closely with lenders, sureties, insurers and inspectors, and we have experience with matters involving government entities on the federal, state and local levels.

    Spilman’s attorneys handle a full range of commercial, industrial, residential and mixed use projects. Our construction attorneys have experience in utility projects involving power plants, natural gas facilities, and sewer pipelines, as well as other infrastructure projects, such as roadways, bridges, tunnels and overpasses. Spilman attorneys have represented numerous clients in site development and slope stabilization matters, and we have handled construction-related legal matters affecting schools, hospitals, and student housing developments, as well as government facilities encompassing courthouses, libraries, prisons and administrative offices. In addition, our team members have created niche practices spanning industrial and environmental matters.

    While Spilman’s construction lawyers seek to avoid claims through careful negotiation and drafting of construction contracts and regular consultation during the project, disputes do arise. When they do, Spilman’s experienced construction litigators have the knowledge and experience to prosecute or defend claims or suits efficiently and effectively.  The firm has particular experience in disputes involving:
     
    • Mechanic’s liens
    • Cost impact and delay claims
    • Construction defects
    • Payment and performance bond claims
    • Environmental compliance
    • Permitting and licensing
    • Construction financing
    • Employment and immigration
    • Occupational safety and health
    • Workers’ compensation
    • Insurance coverage

    Spilman attorneys handle all forms of litigation before courts and in arbitration. Our team also includes experienced mediators and arbitrators.

    For more information regarding our construction law practice, contact:


    Stephanie U. Eaton
    336.631.1062
    seaton@spilmanlaw.com

    Bryan G. Scott
    336.631.1061
    bscott@spilmanlaw.com
    Nathan B. Atkinson Kevin B. Cartledge Carl H. Cather III J. Spencer Cook James S. Crockett Jr. F. B. Webster Day Stephanie U. Eaton Travis H. Eckley Matthew W. Georgitis Elba (Bo) Gillenwater Jr. Carrie M. Harris Steven C. Hemric M. Rebecca Hendrix Clifford F. Kinney Jr. Gerald E. (Gee) Lofstead III M. Mallory Mantiply Glen A. Murphy Ronald M. Musser Julian E. Neiser Paul G. Papadopoulos Bryan G. Scott Grant P. H. Shuman John R. Teare Jr. Gerald M. Titus III Spilman Wins Summary Judgment on All Claims Against Multi-State Bank Client
    4/11/2017
     
    11/7/2016
     
    11/4/2016
     
    11/4/2016
     
    11/4/2016
     
    11/4/2016
     
    11/4/2016
     
    6/29/2016
     
    5/19/2015
     
    5/18/2015
    • Overview
    • Professionals
    • Results
    • Resources

    Spilman has defended hundreds of individual and class-action lawsuits regarding alleged violations of federal and state consumer protection statutes, including the West Virginia Consumer Credit and Protection Act, the Federal Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Truth-in-Lending Act and Regulation Z.

    Our clients include national banks, federally chartered and insured financial institutions, state banking corporations, hospitals, professional debt collectors, other law firms, cable operators, check warranty companies, insurance companies, satellite operators, retail stores, mortgage brokers and loan servicers. We have also represented clients in investigations by state and federal regulators such as the Federal Reserve Board and several state attorney general offices.

    Our experiences extend well beyond the boundaries of West Virginia. Spilman lawyers have been lead counsel and have managed consumer protection cases in Kentucky, North Carolina, Ohio, Pennsylvania and Virginia. We have also assisted clients in matters pending in several other jurisdictions, including several nationwide cases, and have counseled clients on compliance with federal lending, credit reporting, debt collection and privacy laws in their nationwide operations. As a result of our experience, several lawyers are frequent speakers in national continuing legal education seminars regarding consumer finance litigation and class actions.

    Our Consumer Finance Litigation Practice Group is organized to meet not only your litigation needs, but every aspect of your business. The practice group consists of more than 40 lawyers with the experience in consumer protection laws to provide compliance counseling, government relations, litigation defense and client support services, such as debt collection.

    To learn more, please contact the Consumer Finance Litigation Practice Group:


    Bruce M. Jacobs
    304.340.3863
    bjacobs@spilmanlaw.com

    Debra Lee Hovatter
    304.291.7951
    dhovatter@spilmanlaw.com
     
    Rayford K. (Trip) Adams III Angela L. Beblo Elizabeth A. Benedetto Lara R. Brandfass Mark D. Clark Mikail O. Clark Theo A. Collins Amy King Condaras James S. Crockett Jr. Stephanie U. Eaton Joseph A. (Jay) Ford M. Rebecca Hendrix Debra Lee Hovatter Bruce M. Jacobs Neva G. Lusk Alexander Macia Nicholas P. Mooney II Don C. A. Parker Jeffrey D. Patton Niall A. Paul Sharon L. (Shari) Potter Tai C. Shadrick James A. Walls Spilman Appellate Win Important for Defense Against Future WVCCPA Claims
    7/7/2017
     
    5/9/2017
     
    5/8/2017
     
    4/26/2017
     
    4/24/2017
     
    4/7/2017
     
    2/28/2017
     
    2/20/2017
     
    1/26/2017
     
    11/4/2016
    • Overview
    • Professionals
    • Results
    • Resources

    In addition to filing a workers’ compensation claim for a workplace injury in West Virginia, an employee can file a lawsuit against his or her employer by claiming the injury was caused by the employer’s “deliberate intent” to expose employees to unsafe conditions. Such lawsuits can be a source of concern for employers, but Spilman Thomas & Battle’s experienced trial lawyers strive to obtain favorable outcomes for clients in deliberate intent cases.

    Drawing upon broad experience and litigation prowess, Spilman deliberate intent lawyers have achieved favorable outcomes for clients, including dismissal of claim, summary judgment, settlement, verdict for the defense and victory on appeal.

    Spilman attorneys provide a comprehensive range of deliberate intent services, including simple litigation, complex litigation, class actions, representation before the West Virginia Mass Litigation Panel, mediation services, review of claims and consulting services.

    Spilman’s deliberate intent lawyers possess valuable experience, spanning a broad range of industries and clients. In recent years, we have defended:
     
    • Steel mills
    • Metal foundries
    • Machine shops
    • Manufacturers
    • Trucking companies
    • General contractors
    • Insurers
    • Small business owners
    • Mine operators

    We have handled deliberate intent matters for these clients in a wide range of venues, including federal courts, state courts, appellate courts, and before administrative and regulatory bodies.

    For more information on our deliberate intent services, contact:


    Alexander Macia
    304.340.3835
    amacia@spilmanlaw.com
     
    H. Dill Battle III Samuel M. Brock III James S. Crockett Jr. Paula L. Durst Matthew D. Haydo Mark E. Heath Matthew P. Heiskell Bruce M. Jacobs Heather Heiskell Jones Clifford F. Kinney Jr. Neva G. Lusk Alexander Macia Niall A. Paul Sharon L. (Shari) Potter Edward W. Rugeley III Joseph V. Schaeffer Dennise R. Smith John R. Teare Jr. Christina S. Terek Gerald M. Titus III Ellen J. Vance James A. Walls Spilman Negotiates Settlement of Complex Deliberate Intent & Workers' Comp Matters
    1/23/2015
     
    3/14/2014
    • Overview
    • Professionals
    • Resources

    Spilman's clientele may range from small businesses to local governments to multi-national corporations, but most of our clients have one thing in common – they are operating and seeking to thrive in a business environment that is becoming increasingly reliant on digital communications and the electronic maintenance of business records. In fact, one would be hard-pressed to identify a recent business transaction that did not involve some electronic component, whether it entailed the electronic transfer of funds, the use of a word processor to prepare a contract or electronically-maintained logs of consumer complaints.

    Recognizing both the overwhelming risks that come with the mismanagement of electronically-stored information and the opportunities that exist for those who have a sophisticated understanding of the same, Spilman attorneys have devoted an increasing amount of attention to the developing area of e-discovery. Specifically, our clients can expect Spilman litigators to:
     
    • Advise clients on data preservation obligations and provide tailored, proportionate and defensible preservation processes
    • Conduct an early data assessment that provides insight into the relevant facts, witnesses and appropriate strategy for a case
    • Coordinate and implement a defensible plan for the collection, processing, review and production of electronically-stored information
    • Secure the production of opposing parties' electronically-stored information in a usable format that will allow for the authentication of collected data
    Although Spilman's entire litigation department is versed in the risks and opportunities presented by e-discovery, a number of Spilman litigators continually focus significant time and energy to this rapidly-developing area of law and to shaping related policy at the state and federal levels. Thus, we formed the E-Discovery Practice Group to concentrate the efforts of these like-minded attorneys in the pursuit of delivering excellent service when it comes to electronic discovery and related matters.

    For more information regarding our e-discovery practice, contact:


    Neva G. Lusk
    304.340.3866
    nlusk@spilmanlaw.com
    Sandra D. Burch James D. Elliott Heather Heiskell Jones Neva G. Lusk Leah Byrne McAllister Anthony D. Mullins Julian E. Neiser Joseph V. Schaeffer
    5/3/2013
    • Overview
    • Professionals
    • Results
    • Resources

    Most of the cases in which our firm directly represents insurers are either coverage disputes or bad faith lawsuits.

    These types of cases pose a substantial risk to insurers in West Virginia. Due to the existence of a private cause of action against insurers under the West Virginia Unfair Trade Practices Act, insurers face a unique challenge when litigating bad faith claims in our state. Likewise, West Virginia law contains a number of pitfalls for an insurer choosing to litigate a coverage dispute in our state. We are dedicated to guiding insurers through this maze of potential liability to achieve the best result possible.

    Our direct representation of insurers has included coverage and bad faith litigation involving the following lines of coverage:
     
    • Marine insurance
    • Governmental and municipal entities liability coverage
    • Contractors' general commercial liability coverage
    • Automobile insurance
    • Pharmaceutical liability
    • Commercial transportation
    • Employment practices liability
    • Health care practice liability
    • Child care liability
    • Major medical health insurance
    • Utility liability
    • Asbestos exposure liability
    Successfully defending cases in West Virginia requires knowledge of, and experience with, our state and federal court systems, judicial officers and jury pools.

    For more information about our Insurance Coverage & Bad Faith Practice Group, contact:


    Don C. A. Parker
    304.340.3896
    dparker@spilmanlaw.com

    Laura E. Hayes
    304.340.3886
    lhayes@spilmanlaw.com
    Laura E. Hayes Heather Heiskell Jones Charity K. Lawrence Glen A. Murphy Don C. A. Parker Bryan G. Scott Spilman Wins Important Appeal Regarding "Stacking" UIM Coverage
    11/29/2012
     
    12/31/1969
    • Overview
    • Professionals
    • Results
    • Resources

    The firm’s clientele includes large and small employers and businesses, manufacturers, distributors, contractors, professional firms, and individuals.

    Some of the areas in which we have defended insureds are:
     
    • Employer liability in "deliberate intent" cases
    • Wrongful death and catastrophic injury claims
    • Product liability
    • Medical monitoring cases
    • Premises liability
    • Toxic tort
    • Commercial disputes, including tortious interference with a business relationship, breach of contract and antitrust
    • Directors' and officers' liability
    • Employer practices liability, discrimination and other claims
    • Environmental liability
    • Liquor liability
    • Automobile accidents, personal and commercial
    Some of the areas in which the firm has defended insurers are:
     
    • Bad faith, violation of the Unfair Trade Practices Act and extracontractual liability
    • Coverage disputes
    • Breach of contract and negligence
    • Amicus briefs at the West Virginia Supreme Court of Appeals
    Successfully defending cases requires knowledge of, and experience with, our state and federal court systems, judicial officers, and jury pools.

    For more information about our insurance defense practice, contact:


    Heather Heiskell Jones
    304.340.3842
    hheiskell@spilmanlaw.com
    James S. Crockett Jr. Elba (Bo) Gillenwater Jr. Nancy A. Green F. Richard Hall Laura E. Hayes Heather Heiskell Jones Gerald E. (Gee) Lofstead III Spilman Wins Important Appeal Regarding "Stacking" UIM Coverage Spilman Secures Complete Defense Verdict for Insurance Client Following a Six-Figure Settlement Dema
    12/31/1969
    • Overview
    • Professionals
    • Results
    • Resources

    Spilman Thomas & Battle’s attorneys are skilled in litigation and trial work. From offices in West Virginia, Virginia, North Carolina and Pennsylvania, we strive to solve problems in ways that meet our clients’ individual needs. The firm strongly encourages early case assessment to identify and quantify the risks of trial compared to the potential for an early, cost-effective resolution in litigation matters. Using early case assessment, the firm works closely with the client to identify goals and determine how each individual matter should be handled and resolved.

    Whether the case is simple or complex, the firm’s philosophy is to manage corporate litigation as efficiently and effectively as possible, using attorneys with the best experience in practice areas that best fit each case. We also involve paralegals and support staff to help minimize the cost to our clients. Because we routinely handle a wide variety of complex cases, our litigation support, computer and technology systems are designed to maximize efficiency.

    The firm has successfully tried numerous cases to verdict in various jurisdictions and legal forums, including cases in virtually every substantive area of the law, including antitrust, appellate, asbestos, banking, bankruptcy, commercial and business litigation, condemnation, construction, creditors’ rights and foreclosures, environmental, federal black lung, health care, insurance, intellectual property, labor and employment, medical monitoring, personal injury, product liability, Public Service Commission, real estate, shareholder and partnership disputes, tobacco, toxic tort, white collar crime, and workers’ compensation.

    Our clients represent a broad range of industries, such as chemical, coal, banking, insurance, utilities, health care, behavioral health and nursing, casinos and gaming, construction, temporary labor services, product manufacturing, including medical device and pharmaceutical, and housing, among others.

    For more information about our litigation practice, contact:


    Heather Heiskell Jones
    304.340.3842
    hheiskell@spilmanlaw.com
     
    Rayford K. (Trip) Adams III Andrew P. Arbogast Nathan B. Atkinson H. Dill Battle III Angela L. Beblo Lara R. Brandfass Samuel M. Brock III Kevin L. Carr Kevin B. Cartledge Theo A. Collins Paula L. Durst Stephanie U. Eaton Sally E. Edison James D. Elliott Lee F. Feinberg Rebecca A. Finkenbinder Joseph A. (Jay) Ford Michael S. Garrison Matthew W. Georgitis Elba (Bo) Gillenwater Jr. Nancy A. Green F. Richard Hall Carrie M. Harris Lisa M. Hawrot Matthew D. Haydo Laura E. Hayes Mark E. Heath Matthew P. Heiskell Steven C. Hemric M. Rebecca Hendrix Debra Lee Hovatter Eric W. Iskra Bruce M. Jacobs Richard W. James Heather Heiskell Jones Kelly J. Kimble Eric E. Kinder Clifford F. Kinney Jr. Sarah E. Kowalkowski Charity K. Lawrence Robert R. Leight Gerald E. (Gee) Lofstead III Neva G. Lusk Alexander Macia M. Mallory Mantiply Leah Byrne McAllister Dennis J. McGlaughlin II Nicholas P. Mooney II Anthony D. Mullins Glen A. Murphy Barry A. Naum Bryan S. Neft Julian E. Neiser Thomas J. O'Neill Don C. A. Parker Jeffrey D. Patton Niall A. Paul Kelly G. Pawlowski Sharon L. (Shari) Potter Nicholas S. Preservati Mitchell J. Rhein Peter R. Rich Susan J. Riggs Edward W. Rugeley III Joseph V. Schaeffer Bryan G. Scott Tai C. Shadrick Grant P. H. Shuman James E. Simon Dennise R. Smith John R. Teare Jr. Christina S. Terek Gerald M. Titus III Ellen J. Vance James A. Walls James C. Walls III Karin L. Weingart Ryan W. Weld John C. (Max) Wilkinson Derrick Price Williamson Charles L. Woody David L. Yaussy University Prevails in Appeal Before WV Supreme Court & Upholds Class Action Waiver in Arbitration A Spilman Appellate Win Important for Defense Against Future WVCCPA Claims Retaliation Claim Against Global Chemical Companies Dismissed with Prejudice Spilman Negotiates Settlement of Complex Deliberate Intent & Workers' Comp Matters Spilman Wins $3M Judgment for Insurance Client Plaintiff Dismisses Auto Insurance Provider Spilman Secures Complete Dismissal Days Before Trial Spilman Obtains Summary Judgment on ERISA Matter Spilman Secures Dismissal of Employment Discrimination Suit Spilman Wins Defense Verdict for Insurance Client
    8/30/2017
     
    5/26/2017
     
    4/20/2017
     
    4/11/2017
     
    2/21/2017
     
    12/23/2016
     
    11/3/2016
     
    11/1/2016
     
    10/14/2016
     
    10/14/2016
    • Overview
    • Professionals
    • Resources

    Spilman’s Litigation Department recognized a growing trend – clients were turning to us more and more to handle high-risk, complex litigation cases. As a result, our litigation strike force, The Battle Group, was created with the purpose of handling cases that could head for trial, offering superior experience and technical support. The Battle Group creates efficient teams of focused litigators to attack a case while providing extraordinary value.

    In an era where many talk of the vanishing jury trial, most litigants are left without the services of a skilled trial lawyer when they actually find themselves in front of a jury. Because of this, opposing parties have been able to leverage inexperience into record settlement values.

    We put balance back into the legal process by providing our clients the advantages of seasoned trial lawyers. We have assembled a group of lawyers who are not only capable, but are willing to share the risks of a jury trial. Over the past several years, Spilman has averaged 10 trials a year, and The Battle Group’s leading trial attorneys go to trial at least once or twice a year.

    We utilize the innovative strategic case assessment process to determine the trial theme for the case, usually within 90 days of the complaint being filed. This process allows the client to make an early judgment regarding resolution of the case through an alternative dispute mechanism or jury trial.

    Due to our experience in trial and with discovery-intense cases, The Battle Group is able to explore alternative and creative fee arrangements. This reflects our commitment to value and willingness to share the risk with our clients.

    Because of our regional footprint, The Battle Group has often been asked to participate in cutting-edge cases and, as a result, our attorneys and staff have been instrumental in developing e-discovery standards in various jurisdictions. We have an established, dedicated team of legal professionals and information technology professionals that allows us to efficiently assist with all aspects of discovery, including electronic discovery demands.

    The firm has successfully tried numerous cases to verdict in various jurisdictions and legal forums, including cases in virtually every substantive area of the law, including antitrust, appellate, asbestos, banking, bankruptcy, commercial and business litigation, condemnation, construction, creditors’ rights and foreclosures, environmental, federal black lung, health care, insurance, intellectual property, labor and employment, medical monitoring, personal injury, product liability, Public Service Commission, real estate, shareholder and partnership disputes, tobacco, toxic tort, white collar crime, and workers’ compensation.

    With our rare combination of experienced trial lawyers, experienced litigation and discovery managers, and our controlled rate structure, The Battle Group delivers best-in-class litigation services.

    For more information regarding The Battle Group, contact:


    Niall A. Paul
    304.340.3874
    npaul@spilmanlaw.com

    Clifford F. Kinney, Jr.
    304.340.3844
    ckinney@spilmanlaw.com
    Nathan B. Atkinson Sandra D. Burch James S. Crockett Jr. Paula L. Durst Stephanie U. Eaton Matthew D. Haydo Matthew P. Heiskell Eric W. Iskra Heather Heiskell Jones Clifford F. Kinney Jr. Robert R. Leight Neva G. Lusk Alexander Macia Bryan S. Neft Niall A. Paul Sharon L. (Shari) Potter John R. Teare Jr. Christina S. Terek James A. Walls
    11/1/2016
     
    11/3/2014
     
    9/16/2014
     
    11/6/2013
     
    11/1/2013
     
    1/18/2013
    • Overview
    • Professionals

    For more than 25 years, medical monitoring cases have been filed in West Virginia on behalf of healthy individuals seeking significant monetary damages for medical testing for diseases that may or may not manifest in the future. These cases are costly to defend, typically litigated over many years, and have extreme exposure for companies that become defendants.

    A medical monitoring claim is one where a plaintiff (or a group of plaintiffs) alleges exposure to a hazardous substance at levels above those to which the general population is exposed. The claim further alleges that the exposure was due to the bad acts of the defendant and that such exposure places the plaintiff(s) at risk of contracting a disease or diseases in the future. The claim seeks monies to pay for medical monitoring for early detection of such diseases. The costs of such medical monitoring procedures can be significant.

    Spilman attorneys have defended a variety of highly complex medical monitoring claims, including many class actions, for companies in high-stakes litigation. Medical monitoring cases can involve product liability; mining and other industrial sites; hydraulic fracturing; chemicals and substances used in the workplace; contamination to groundwater, drinking water or air; chemical exposure; or drugs and pharmaceuticals, among other targets.

    Medical monitoring litigation typically involves experts in a wide variety of fields (e.g. toxicologists, hydrologists, geologists, epidemiologists, chemists, industrial hygienists, human factors and warnings specialists, or medical specialists, such as neurologists, neuropsychologists, oncologists, and reproductive specialists, among others). Spilman attorneys have deep experience in dealing with highly technical and scientific issues that come with involving these types of experts. We work effectively with them to convert complicated science into understandable facts for our clients, the judge and the jury.

    Many states, particularly West Virginia, have seen an increase in mass tort claims in the past decade. Accordingly, the West Virginia Supreme Court of Appeals created a separate judicial process, known as the Mass Litigation Panel (“MLP”), for handling mass litigation. The MLP process in West Virginia is unique and navigating its rules and procedures requires knowledge and experience that Spilman attorneys possess.

    To manage the defense of medical monitoring cases, mass tort litigation and class actions, and to control client costs, we use the Early Case Assessment (“ECA”) model to identify and quantify the risks of trial versus settlement. The ECA is a living document, calling for constant evaluation, strategic decisions, and communication with the client as the case develops. When outside resources are required for electronic discovery, document collection, management and production, we call upon our network of trusted partner organizations to assist in serving client needs as effectively and efficiently as possible. Our success is measured by client objectives.

    For more information regarding our medical monitoring practice, please contact:


    Heather Heiskell Jones
    304.340.3842
    hheiskell@spilmanlaw.com

    Neva G. Lusk
    304.340.3866
    nlusk@spilmanlaw.com
    Andrew P. Arbogast Matthew D. Haydo Heather Heiskell Jones Clifford F. Kinney Jr. Charity K. Lawrence Neva G. Lusk Olin R. Melchionna Jr. Niall A. Paul
    • Overview
    • Professionals
    • Resources

    Multi-million dollar verdicts and continual efforts to stop tort reform in the state legislature have made the product liability area an ever-increasing risk to manufacturers, distributors and sellers of products. Spilman has represented clients in both state and federal courts, defending products such as motorcycles, pharmaceuticals, guns, medical devices, breast implants, infant mattresses, uterine monitors, construction equipment, and a variety of industrial and consumer products.

    In addition, we have one of the largest asbestos defense practices in West Virginia and have successfully taken several consolidated matters to trial. The firm’s extensive litigation and trial work has resulted in an experienced team of litigators respected by both the plaintiffs’ bar and the courts.

    In an era where citizens are quick to file lawsuits, the firm takes active steps to protect its clients’ interests by championing efforts for tort reform. We have lobbied for the enactment of legislation to slow the proliferation of civil actions filed in our state courts and to place reasonable limits on damages.

    In addition, our presence during the legislative session enables us to remain abreast of legislative issues, which, combined with our litigation experience, allows us to provide truly comprehensive service to our clients.

    Our typical litigation team includes one or more members and one or more associates, as well as paralegals and other staff. Because our litigation teams are usually involved from the filing of the lawsuit to its resolution, the firm provides the highest quality of work in the most cost-effective manner.

    Whether it is aggressively providing a defense to a product liability lawsuit or advocating progress through tort reform in the legislature, Spilman Thomas & Battle offers comprehensive legal representation of clients in the field of product liability.

    For more information about our product liability defense practice, contact:

     

    Neva G. Lusk
    304.340.3866
    nlusk@spilmanlaw.com

    Heather Heiskell Jones
    304.340.3842
    hheiskell@spilmanlaw.com 
    Andrew P. Arbogast Nathan B. Atkinson James S. Crockett Jr. Paula L. Durst Stephanie U. Eaton Matthew D. Haydo Heather Heiskell Jones Clifford F. Kinney Jr. Robert R. Leight Neva G. Lusk M. Mallory Mantiply Bryan S. Neft Niall A. Paul Edward W. Rugeley III Bryan G. Scott Grant P. H. Shuman John R. Teare Jr. Christina S. Terek Gerald M. Titus III
    11/9/2011
     
    12/31/1969
    • Overview
    • Professionals
    • Resources

    The firm’s toxic tort litigation practice includes the defense of claims by consumers, employees and residents. The claims range from purported exposures to one toxic substance to purported exposures to hundreds of unidentified and unknown toxic substances. Given the firm’s proximity to a large number of chemical manufacturers and our clients’ needs to defend toxic tort lawsuits, our toxic tort lawyers have developed a broad-based toxic tort litigation practice.

    Many states, particularly West Virginia, have seen an increase in mass tort claims, such as when a group of plaintiffs files a toxic tort claim, in the past decade. Accordingly, the West Virginia Supreme Court of Appeals created a separate judicial process, known as the Mass Litigation Panel (“MLP”), for handling mass litigation. The MLP process in West Virginia is unique and navigating its rules and procedures requires knowledge and experience that Spilman attorneys possess.

    Toxic tort litigation cases frequently involve many defendants relying on the same medical and causation defenses. The firm’s attorneys routinely play leading roles in preparing common defenses for joint defense groups.

    The firm has close relationships with experts who have earned national acclaim in their fields. Our toxic tort lawyers develop and present common experts and take the lead in presenting common legal arguments. As a result, we litigate toxic tort claims using the most recent and sophisticated evidence available.

    In addition to our skills in the litigation process, Spilman Thomas & Battle also serves clients in the regulatory field. The firm’s Environmental Practice Group assists clients with regulatory programs for air, water, hazardous and solid waste; corrective action programs; and right to know issues. By addressing these issues and advising our clients in regulatory areas, the firm identifies potential environmental problems before they become toxic tort lawsuits.

    In short, Spilman provides excellent legal representation in the field of toxic tort litigation, whether the case be a simple, one plaintiff/one injury civil action or a complex, multiple plaintiff/multiple injury lawsuit.

    For more information about our Toxic Tort Litigation Practice Group, contact:


    Heather Heiskell Jones
    304.340.3842
    hheiskell@spilmanlaw.com

    Clifford F. Kinney, Jr.
    304.340.3844
    ckinney@spilmanlaw.com
    Andrew P. Arbogast Nathan B. Atkinson James S. Crockett Jr. Paula L. Durst Stephanie U. Eaton Joseph A. (Jay) Ford Matthew D. Haydo Heather Heiskell Jones Clifford F. Kinney Jr. Charity K. Lawrence Robert R. Leight Neva G. Lusk Bryan S. Neft Niall A. Paul Edward W. Rugeley III James A. Walls Karin L. Weingart John C. (Max) Wilkinson
    8/30/2017
     
    11/6/2013
     
    11/1/2013
     
    1/18/2013
    • Overview
    • Professionals
    • Resources

    Spilman’s white collar criminal defense team, based in offices in West Virginia, Pennsylvania, Virginia and North Carolina, draws on a wealth of experience to advise individuals and companies facing criminal, civil or regulatory investigations in federal and state court. Our attorneys include a former United States Attorney, former federal and state prosecutors, and a former police officer. Through their experience spearheading many criminal investigations, these lawyers are able to anticipate the direction of investigations and analyze how to handle government inquiries. This experience can be crucial to a company in the aftermath of a catastrophic event that will trigger government inquiries through subpoenas, onsite inspections and employee interviews.

    Spilman white collar criminal defense attorneys also conduct internal investigations for companies concerned with employee theft or other misconduct and maintain an excellent liaison network with law enforcement. Our goal when responding to subpoenas from the government or while conducting internal corporate investigations is to keep disruptions to both your company operations and your personal life to a minimum. Knowing whether or how to respond to law enforcement and orchestrating that contact is one of our strong suits.

    In this era of increased regulations affecting energy companies, financial institutions, health care providers and tax preparers, it is more important than ever to have the guidance of a trusted legal advisor. Our recent experience in white collar criminal defense and compliance in the Appalachian region includes the following:
     
    • Internal investigations for companies affected by major employee theft
    • Representing companies and individuals in EPA Clean Water Act cases
    • Representing individuals faced with IRS inquiry for employment taxes, personal tax liabilities and trust fund issues
    • Advising financial institutions on employee matters and cooperation with federal inquiry
    • Representing doctors in allegations of overbilling of Medicare/Medicaid and False Claims Act cases
    • Obtaining Sentencing Guidelines departure to probation in white collar case
    • Appearing with and counseling individuals for interviews with law enforcement agents investigating program fraud, environmental crimes and false filings
    • Coordinating contact with law enforcement for companies victimized by theft to ensure recovery through restitution and forfeiture
    • Representing individuals served with grand jury and administrative subpoenas requiring testimony or document production

    For more information about our White Collar Criminal Defense and Compliance Practice Group, contact:


    Sharon L. (Shari) Potter
    304.230.6960
    spotter@spilmanlaw.com
    James D. Elliott Robert R. Leight Neva G. Lusk Jeffrey D. Patton Sharon L. (Shari) Potter John R. Teare Jr. Christina S. Terek Gerald M. Titus III
    8/30/2017
     
    1/28/2014