Niall A. Paul
Member
Charleston, WV
office 304.340.3874
mobile 304.550.6490
  • Overview
  • Services
  • Distinctions
  • Admissions
  • Memberships
  • Publications & Presentations
  • Resources

Mr. Paul is leader of the firm's Battle Group, a practice group dedicated to handling high-risk matters heading to trial. His primary areas of practice are trial work, litigation and appellate practice focusing on complex environmental toxic tort litigation, class actions, medical monitoring, commercial and employment litigation.

Education

  • Bridgewater College of Virginia, B.A. in Philosophy and Religion, cum laude, 1987
  • University of Richmond, T. C. Williams School of Law, J.D., 1990

Experience

  • Tried numerous cases to verdict for clients and litigated hundreds of disputes, including environmental and toxic tort claims, unfair trade practices, deliberate intent injury claims, and employment-related jury, bench and administrative trials
  • One of four lawyers in the nation selected to serve on a "litigation strike force" for an international Fortune 100 company
  • Secured summary judgement and defeated class certification for a fortune 100 company proposed class of 10,000 groundwater contamination suit
  • Often retained as substitute trial counsel in high risk matters
  • Argued several class action certification motions, including recent victory in significant groundwater contamination action
  • Defended a Fortune 100 company in complex and significant groundwater contamination suit brought by a water utility
  • Successfully defeated the West Virginia Attorney General's attempt to obtain a statewide immediate preliminary injunction against the world's leading check guarantee company
  • Counsel at a number of "Daubert" hearings challenging a variety of experts
  • Arguing numerous cases before various state and federal appellate courts, including an en banc panel of the United States Court of Appeals for the Fourth Circuit
Appellate Litigation Chemical Consumer Finance Deliberate Intent Litigation Energy Law Environmental Law Labor & Employment Law Litigation Litigation - The Battle Group Medical Monitoring Natural Resources Product Liability Litigation Shale Gas Law Toxic Tort Litigation

Distinctions

  • Member, Trial Law Institute
  • Barrister, Order of Justicia and Order of Certus
  • Martindale-Hubbell Rating: AV (Highest)
  • Recognized by Chambers & Partners USA as one of America''s Leading Lawyers for Business in Commercial Litigation
  • Listed in West Virginia Super Lawyers
  • Nominated by his peers for inclusion in The Best Lawyers in America for Commercial Litigation, Litigation - Environmental Law, Litigation - Labor & Employment Law, Mass Tort Litigation/Class Actions - Defendants and Personal Injury Litigation - Defendants
  • Former Chair and Chief Judge, City of Charleston Civil Service Commission

Admissions

  • United States Supreme Court
  • West Virginia Supreme Court of Appeals
  • Supreme Court of Kentucky
  • United States Courts of Appeals for the Fourth and Sixth Circuits
  • United States District Courts for the Northern and Southern Districts of West Virginia; the Southern District of Texas; and the Eastern District of Kentucky

Memberships

  • Senior Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society
  • American Bar Association, Section of Litigation, Labor and Employment Law Section, and a member of the following committees:
    • Product Liability (Former Chair of the Chemical & Industrial Products Sub-Committee)
    • Corporate Counsel
    • Toxic Torts and Environmental Law
  • International Association of Defense Counsel, Member and former Officer of Hazardous and Chemical Product Committee
  • Diversity Law Institute

Publications & Presentations

  • Speaker, Litigation Counsel of America 2012 Spring Conference & Induction of Fellows, Santa Barbara, California, May 2012
  • Speaker, "Trying the Unwinnable Case," Litigation Counsel of America, Renaissance Symposium II, Watercolor, Florida, March 25, 2011
  • Spoken and published on the trial of complex toxic torts and the aggressive management of discovery in chemical product liability claims, including panels such as "Discovering the New Frontier - Discovery Management in the Age of New Science and New Legal Theories"; "We Win, You Lose - A Critical Look at Case Themes"; and "The Advantages and Disadvantages of Trying a Mass Tort or Class Action in Stages"
  • Program Chair and organizer of ABA Workshop: 2006 "Contamination Examination - A Regional CLE Workshop on the Changing Face of Chemical Product Liability Claims"; 2007 "The Chemical Products Liability Trial: Winning at Every Stage"; and 2008 "Mass, Class or Pass - Making Strategic Decisions in the Big Chemical Case"
  • Spoken and published internationally on Sarbanes-Oxley litigation, including a 2003 engagement in London, England
  • "Client Service in the Twenty-First Century - Finding Profits in Partnering," Texas State Bar Lawyer Boot Camp, 2003
62 Spilman Attorneys Recognized by Best Lawyers 2017 Spilman Practice Groups & Attorneys Ranked in 2016 Chambers USA  18 W.Va.-based Spilman Attorneys Recognized by Super Lawyers 57 Spilman Attorneys Recognized by Best Lawyers 2016 Spilman Practice Groups & Attorneys Ranked in 2015 Chambers USA  21 W.Va.-based Spilman Attorneys Recognized by Super Lawyers 56 Spilman Attorneys Recognized by Best Lawyers 2015 Spilman Practice Groups & Attorneys Ranked in Chambers USA 55 Spilman Attorneys Recognized by Best Lawyers 2014  26 Spilman Attorneys Recognized by W.Va. & Va. Super Lawyers