Grant P. H. Shuman
Chair, ERISA & Managed Care Practice Group | Member
Charleston, WV
office 304.340.3895
mobile 304.550.6547
  • Overview
  • Services
  • Distinctions
  • Admissions
  • Memberships
  • Publications & Presentations
  • Community Involvement
  • Resources
  • Results

Mr. Shuman's primary areas of practice are general litigation, ERISA and managed care litigation, labor and employment, appellate litigation, alternative dispute resolution, and public utility matters.

Education

  • James Madison University, B.A., English, 1998
  • West Virginia University, J.D., 2001

Experience

  • Serving as co-counsel in litigation obtaining a preliminary injunction against the Secretary of the United States Department of Health and Human Services to provide adequate due process for a physician prior to revoking Medicare billing privileges
  • Representing various insurers and employee benefit plans before state and federal courts in ERISA and managed care matters, including claims for benefits, subrogation actions, and discrimination claims
  • Defending general litigation matters, including insurance matters, toxic tort, medical monitoring, medical malpractice, deliberate intention, employment arbitrations, commercial disputes and nuisance actions
  • Representing ICF/MR facilities in injury and fatality incidents
  • Representing employers in labor and employment matters before West Virginia courts and federal courts, including sexual harassment, termination of employment in breach of public policy and disability discrimination
  • Representing clients before the West Virginia Public Service Commission, West Virginia courts and the West Virginia Supreme Court of Appeals on natural gas matters for industrial customers and siting and certificate cases for energy development companies including wind power generation applicants
  • Representing clients before the West Virginia Public Service Commission, West Virginia courts and the West Virginia Supreme Court of Appeals on water, sewer, cable and landfill matters
  • Serving as co-trial counsel in a complex tortious interference counterclaim resulting in a substantial award of damages in favor of the defense
  • Representing and advising hospitals, managed care organizations and other health care entities in regulatory and other matters, including Medicare/Medicaid disputes, HIPAA compliance and ERISA plan advice
  • Drafting certificates of insurance and related documents for managed care organizations for compliance with state and federal law
  • Qualified as a mediator in West Virginia

Reported Cases

  • Young v. Afflicted Holdings, LLC, 2017 WL 2272075 (S.D.W.Va. May 24, 2017)
  • Stenger v. Carelink, 2016 WL 1417219 (W. Va. April 8,2016) (Memorandum Decision)
  • Dooley v. Matrix Absence Management, Inc., 2015 WL 4644446 (N.D.W.Va. Aug. 4, 2015)
  • Sanitary Board of the City of Charleston v. Public Service Comm’n, 2014 WL 2618626 (W.Va. June 11, 2014) (Memorandum Decision)
  • Neely v. Zimmer, 2012 WL 3198557 (S.D. W.Va. Aug. 2, 2012)
  • Dupell v. K. Hovnanian Companies, LLC, 2012 WL 1831484 (N.D. W.Va. May 18, 2012)
  • Patrick v. Calgon Carbon Corp., 2010 WL 4629913 (S.D.W.Va. Nov. 8, 2010)
  • Secure US, Inc. v. Security Alarm Financing Enterprises, Inc., 2010 WL 4641624 (S.D.W.Va. Nov. 4, 2010)
  • Beachum v. Phillips, 2009 WL 3269047 (S.D.W.Va. Oct. 8, 2009)
  • Mountain Communities for Responsible Energy v. Public Service Comm’n of W. Va., 222 W. Va. 481, 665 S.E.2d 315 (2008)
  • Burch v. NedPower Mount Storm, LLC, 220 W. Va. 443, 647 S.E.2d 879 (2007)
  • Summer v. Carelink Health Plans, Inc., 461 F. Supp. 2d 482 (S.D.W.Va. 2006)
  • Kuthy v. Mansheim, 2004 WL 2757437 (4th Cir. Dec. 3, 2004)
Alternative Dispute Resolution Appellate Litigation Construction Law Energy Law ERISA & Managed Care Health Care Law Litigation Product Liability Litigation Utility Law

Distinctions

  • AV® Preeminent™ Peer-Review Rated by Martindale-Hubbell
  • Listed by West Virginia Super Lawyers as a Rising Star 

Admissions

  • West Virginia State Bar
  • West Virginia Supreme Court of Appeals
  • United States District Courts for the Northern and Southern Districts of West Virginia
  • United States Court of Appeals for the Fourth Circuit

Memberships

  • American Bar Association
  • Defense Research Institute; Life, Health & Disability Committee

Publications & Presentations

  • Coauthor, West Virginia Chapter, Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey (Joseph Hamilton ed., American Bar Association 2009)
  • Coauthor, Employee Benefit Litigation: Getting Your Client from Point A to Point B, Employee Benefits and Executive Compensation Client Strategies (Thompson/Aspatore 2008)
  • Coauthor, "May a Prevailing Party Obtain ERISA Attorney's Fees in an Action Outside the Civil Enforcement Scheme," Life, Health and Disability News (Spring 2007)
  • Removal of Consolidated Cases from State Court, ABA/YLD Litigation Committee Newsletter (Summer 2004)
  • Coauthor, Health Related Information and Employment Decisions: Is Your ERISA Plan Subject to Privacy Rights Under HIPAA, 23 Energy & Mineral Law Foundation ch. 1 (2003)
  • Coauthor, Maladministration of Patient Care and ERISA's Complete Preemption Doctrine: Recent Developments in the Fourth Circuit, 2003 W. Va. D.T.C., June 2003
  • Escaping the Purposes of the ADA: The "Safe Harbor" Provision and Disability-Based Distinctions in Insurance Policies and Programs, 36 Gonz. L. Rev. 549 (2001)
  • Common Law Tort Immunity for State Officials in West Virginia After the Parkulo v. Board of Probation Decision, 103 W. Va. L. Rev. 261 (2000)
  • Executive Editor, West Virginia Law Review

Community Involvement

  • Leadership Charleston, Charleston Chamber of Commerce, 2003
  • Chairman of the Board, The Willy Foundation, Inc.
Spring Cleaning Comes Early: The Affordable Care Act and the Importance of Updating ERISA Plan Docum The Rise of Managed Care Audits and Reimbursement Demands in the Wake of the ACA SuperVision: Labor & Employment Law Insights, Issue 2, 2017 21 W.Va.-based Spilman Attorneys Recognized by Super Lawyers 26 Spilman Attorneys Recognized by W.Va. & Va. Super Lawyers 28 Spilman Attorneys Recognized by Super Lawyers Spilman Obtains Summary Judgment on ERISA Matter