Justin is a versatile litigation and trial attorney offering a solid track record of litigation success and experience in various areas of the law. He has practiced in West Virginia for more than 25 years and was a partner at a Charleston, West Virginia defense firm for more than 20 years handling numerous types of cases as lead trial counsel.
Justin’s experience includes representing clients in trucking accidents, motor vehicle accidents, workplace injuries, employment matters, premises liability and construction liability claims, as well as toxic tort claims and coal mining accidents. He also handles claims pursuant to the West Virginia Deliberate Intent statute and governmental agency liability matters throughout West Virginia state and federal courts. Justin routinely defends clients in large complex matters, class actions and multi-plaintiff / multi-defendant lawsuits.
With extensive litigation experience, Justin is equipped to counsel clients on many matters including claims of property damage, wrongful death, catastrophic injuries, chemical exposures, electrocution or traumatic brain injury. Through his practice experience, he has developed an extensive array of litigation skills, from factual investigations, discovery, depositions and research to expert development, strategy, motion practice, mediation and trial.
Practices
Representative Matters
- A.D.A. v. Johnson & Johnson, 251 W. Va. 274, 912 S.E.2d 37, 2024 W. Va. App. LEXIS 413, 2024 WL 5232922 (2024)
- A.D.A. v. Johnson & Johnson, 251 W. Va. 274, 283
- Milhorn v. W. Va. Dep’t of Agric., 2012 W. Va. LEXIS 530 (2012)
- Atkinson v. NCI Nursing Corps., 249 W. Va. 443895 S., E.2d 846 (2023)
- Smallwood v. Ally Fin., Inc., 2012 W.V. Cir. LEXIS 4543 (2012)
- River Riders, Inc. v. Steptoe, 223 W. Va. 240, 672 S.E.2d 376, 2008 W. Va. LEXIS 116 (2008)
- Worley v. Beckley Mech., Inc., 220 W. Va. 633 (2007)
- State ex rel. Chemtall Inc. v. Madden, 221 W. Va. 415,655 S.E.2d 161, 2007 W. Va. LEXIS 100 (2007)
Representative Experience
- Granted and awarded dismissal of all claims against the state Board of Pharmacy in opioid litigation
- Granted and awarded dismissal on behalf of a company in a medical monitoring/asbestos exposure matter with numerous plaintiffs
- Represented large oil and gas company in wrongful death matter involving claims of negligent construction of haul road and workplace liability
- Represented numerous trucking companies involving accidents and serious injuries
- Represented product supplier defendants in numerous toxic tort cases
- Represented white water rafting company at trial against numerous claims of personal injury and a wrongful death claim resulting in a defense verdict
- Represented various entities in separate electrocution death cases
- Represented various coal mines in workplace accident / deliberate intent lawsuits
- Represented a supplier of chemicals in a class action lawsuit
- Represented a large commercial mechanical contractor in a multi-party commercial building flooding lawsuit
- Represented a forest management company in a multi-plaintiff, multi-party flooding and property damage case
- Represented various entities in claims involving abuse
- Awarded summary judgment and confirmed on appeal in the representation of a State agency in premises liability claim
Education
- West Virginia University College of Law, JD, 1999
- West Virginia University, BA, Psychology, 1996, cum laude
Admissions
- West Virginia
- United States District Courts: Northern District of West Virginia, Southern District of West Virginia
- United States Court of Appeals: Fourth Circuit
Professional Memberships
Languages
- English
Honors & Awards
- Inducted to America’s Top 100 Civil Defense Litigators ®
- Martindale-Hubbell AV Preeminent® Peer Review Ratings™ attorney, recognized for the highest level of professional excellence
- Formerly included among the Lawyers of Distinction
- Included among The Best Lawyers in America© in the 2023 Edition in the area of Product Liability Litigation-Defendants