Joseph V. Schaeffer
Member
Pittsburgh, PA
Morgantown, WV
office 304.291.7952
mobile 304.276.6227
  • Overview
  • Services
  • Distinctions
  • Admissions
  • Memberships
  • Publications & Presentations
  • Community Involvement
  • Resources
  • Results

Mr. Schaeffer's primary area of practice is complex litigation.

Education

  • West Virginia University, B.A., summa cum laude
  • University of Pittsburgh School of Law, J.D., cum laude

Experience

  • Assisting an American subsidiary of a multinational manufacturer in litigation over land use regulations, property tax incentives, and utility access
  • Representing an American subsidiary of a multinational manufacturer in litigation challenging efforts by a local governmental entity to seize its facility using eminent domain
  • Representing a church in litigation asserting constitutional challenges to land use regulations
  • Representing a municipal government in an appeal challenging the denial of a property tax exemption for municipally owned property
  • Representing a developer in a public-private partnership with a state institution of higher education in appeals challenging its property tax assessments
  • Representing a state institution of higher education in litigation over the renovation of a historic academic building
  • Representing a collegiate sports marketing company in litigation challenging its contract managing the multimedia rights of a state institution of higher education
  • Representing a multinational pharmaceutical manufacturer in litigation challenging the removal of its product from a State Medicaid preferred drug list
  • Representing a corporate defendant in toxic tort litigation
  • Representing an exploration and production company in litigation challenging the validity of an oil and gas lease
  • Representing a judgment creditor in litigation defending constitutional challenges to a civil contempt sanction imposed against the judgment debtor
  • Representing a national minority bar association in amicus curiae briefs submitted in support of petitioners for writ of certiorari at the Supreme Court of the United States
E-Discovery Energy Law Environmental Law Higher Education Litigation Shale Gas Law

Distinctions

  • Energy & Mineral Law Foundation Scholar
  • Phi Beta Kappa
  • CALI Excellence for the Future Award, Evidence

Admissions

  • West Virginia State Bar
  • Pennsylvania State Bar
  • District of Columbia Bar
  • Virginia State Bar
  • United States District Court for the Northern District of West Virginia
  • United States District Court for the Southern District of West Virginia
  • United States District Court for the District of Columbia
  • United States District Court for the Western District of Virginia
  • United States District Court for the Eastern District of Virginia
  • United States District Court for the Western District of Pennsylvania
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Supreme Court

Memberships

  • Defense Research Institute, Young Lawyer Liaison to Appellate Advocacy Committee
  • American Bar Association - Environment, Energy & Resources Law, and Litigation Sections
  • West Virginia Bar Association

Publications & Presentations

  • Author, "Sanctioning Abuse: Bad Attorney Behavior Risks Client Sanctions," Pretrial Practice & Discovery Practice Points, American Bar Association, December 2019
  • Author, "More Than a Potted Plant: Five Tips for Nonparty Deponents’ Counsel," Pretrial Practice & Discovery Practice Points, American Bar Association, November 2019
  • Author, "Develop the Theory Up Front: Proposed Amendment Fails to Defeat Summary Judgment," Pretrial Practice & Discovery Practice Points, American Bar Association, August 2019
  • Author, "Another Court Approaches Discovery on Discovery with Skepticism," Pretrial Practice & Discovery Practice Points, American Bar Association, April 2019
  • Author, "Proportionality Has Some Bite," Pretrial Practice & Discovery Practice Points, American Bar Association, March 2019
  • Author, "Claims for Lost Profits Can Lead to Claims for Lost Privilege over Tax Returns," Pretrial Practice & Discovery Practice Points, American Bar Association, February 2019
  • Author,      "When Preparing Your Client's Case, Trust but Verify Their Representations," Pretrial Practice & Discovery Practice Points, American Bar Association, December 2018
  • Author, “The Federal Rules of Civil Procedure Do Not Recognize an Objection for Discovery Your Client Does Not Like,” Pretrial Practice & Discovery, American Bar Association, October 2018
  • Author, “Service of Process in 280 Characters or Less” Pretrial Practice & Discovery, American Bar Association, September 2018
  • Author, “Who’s Paying the Plaintiff’s Bills? You Might Not Be Entitled to Discover the Answer,” Pretrial Practice & Discovery, American Bar Association, June 2018
  • Author, “When Is an Expert “Independent” for Purposes of a Protective Order?” Pretrial Practice & Discovery, American Bar Association, May 2018
  • Author, "The Apex Deposition: Practice Tips and Standards," Pretrial Practice & Discovery, American Bar Association, April 2018
  • Author, "Spoliation: Dismissal Might Not End Duty to Preserve Evidence," Pretrial Practice & Discovery, American Bar Association, March 2018
  • Author, "Medical Monitoring in West Virginia and the Surrounding States," Defense Trial Counsel of West Virginia, 2017
  • Author, "Discovering Off-the-Record Conversations Between a Deponent and His or Her Counsel," Pretrial Practice & Discovery, American Bar Association, December 2017
  • Co-Author, "Energy and the Economy: How Local Regulation May Impede Business Development," WV Executive Magazine, Spring 2014
  • Author, "Lease Contests in the West Virginia Shale Plays," ABA Section of Environment, Energy, and Resources Litigation Committee Newsletter Vol. 1, No. 3, August 2013
  • Author, "Municipal 'Fracking' Bans and Preemption in Appalachia," JURIST, July 2011
  • Author, "Pittsburgh: Politics Impede Marcellus Shale Development," JURIST, January 2011
  • Author, "Appalachia: Coal Law & Property Rights," JURIST, August 2010
  • Speaker, "2015 Shale Gas Law: Update on the Law," Update on the Law 2015, October 2015
  • Speaker, "Update on Shale Gas Law," Solo & Small Firm Conference, October 2014
  • Speaker, "Stormwater Enforcement," Current Issues in Stormwater Regulation in West Virginia, South Charleston, W.Va., October 2014
  • Speaker, "2014 Shale Gas Law: Update on the Law," Shale Gas Law - West Virginia Continuing Legal Education, Morgantown, W.Va., September 2014
  • Panelist, "Drilling Down: Local Government and Natural Gas Development," Synergy 2013, Bridgeport, W.Va., October 2013
  • Managing Editor, Pittsburgh Journal of Environmental and Public Health Law

Community Involvement

  • Vice President, Scott's Run Settlement House Board of Directors
  • Member, United Way of Monongalia and Preston Counties Board of Directors
  • Former Chair, Citizen's Review Committee, United Way of Monongalia and Preston Counties
Spilman Elects Five New Members WV Supreme Court of Appeals Decision Affirms Law on Taxation and Leasehold Interests  State high court backs University Park in tax dispute Currents - Energy Industry Insights: Issue 38, 2018 Currents - Energy Industry Insights: Issue 37, 2018 Currents - Energy Industry Insights: Issue 32, 2018 Currents - Energy Industry Insights: Issue 25, 2018 Currents - Energy Industry Insights: Issue 23, 2018 Currents - Energy Industry Insights: Issue 22, 2018 Product Lines - Issue 1, 2018 Important WV Supreme Court of Appeals Decision Affirms Law on Taxation & Leasehold Interests University Reaches Final Settlement of High-Profile Construction Litigation Matter