2 Welcome S human, McCuskey & Slicer, PLLC, a law firm located in Charleston,West Virginia, provides effective legal representation in state and federal courts across West Virginia and in the Fourth Circuit Court of Appeals.The Martindale-Hubble Bar Register of Preeminent Lawyers lists the firm as one of the nation s most distinguished law practices and has recognized the firm as having achieved the highest level of professional skill and integrity. The law firm represents clients in a broad range of legal matters, including insurance defense, medical malpractice defense, long-term care or nursing home litigation, veterinary malpractice defense, legal malpractice defense, product liability/personal injury litigation, state and municipal governmental liability, administrative/regulatory law, labor/employment law, environmental and natural resources law, health care law, estate planning, complex litigation, construction law, and debtor/creditor litigation. The firm s dynamic attorneys include John McCuskey, former West Virginia Supreme Court Justice; Elizabeth Lawton, former Commissioner for the West Virginia Bureau for Medical Service (Medicaid); Mark Browning, former President of the Kanawha County Bar Association; and several recipients of the Defense Trial Counsel of West Virginia Distinguished Faculty Award in recognition of outstanding contributions to the education of lawyers and the judiciary. Firm Member David L. Shuman is one of West Virginia s most highly regarded medical malpractice defense attorneys. Mr. Shuman has defended West Virginia physicians successfully for more than 30 years. Mr. Shuman regularly speaks to physicians groups regarding medical malpractice and legislation that affects physicians. Firm Member William Slicer is a respected and seasoned trial lawyer with extensive expertise in representing companies involved in coal mining and natural gas exploration. Mr. Slicer also represents companies involved in industrial litigation and surface and ground water flood and runoff litigation. The firm s lawyers are active in national and state legal and business associations, including the Defense Research Institute, the Defense Trial Counsel of West Virginia, and the West Virginia Chamber of Commerce.
3 Insurance Defense W e represent insurance carriers and their insureds across the entire spectrum of their involvement in the litigation process. From coverage opinions to defense of insureds to handling direct actions against insurance companies, our attorneys are available to provide a thorough and complete analysis of the legal issues involved. Our litigation attorneys represent clients in a broad array of litigation matters, including product liability, Unfair Claims Settlement Practices Act or Bad Faith litigation, toxic torts, professional liability (including medical malpractice defense, legal malpractice defense, veterinary malpractice defense, and other forms of professional malpractice defense), municipal liability, directors and officers liability, and general liability. We also represent clients in complex litigation, which is described more fully under our complex litigation practice area description. Our attorneys possess the knowledge and experience needed to evaluate the exposure of each claim quickly and accurately.we relate our assessment clearly and concisely to our clients so we can plan a litigation strategy in concert with the insurance carrier.we make certain that all parties are made aware of both the potential exposure and the cost of defense so that, together, we can make an intelligent and informed decision about a quick disposition or a thorough defense. Our attorneys regularly make presentations on current insurance defense issues to insurance company home offices.
4 Complex Litigation I f your case involves complex, multi-district or class action litigation involving numerous witnesses, experts, and hundreds of thousands of documents, you will be pleased to learn that we have a proven track record of successful defense of clients in complex litigation matters. Our complex litigation attorneys have successfully defended numerous defendants in such litigation.we use the latest technology to scan, organize, and manage the substantial numbers of documents associated with these cases, and we can handle all phases of complex litigation from the earliest stages of discovery through trial. Our attorneys have represented defendants in complex matters such as Phen-Fen diet drug litigation, Rezulin litigation, breast implant litigation, flood litigation and asbestos litigation. Our firm has the experience and resources necessary to effectively and efficiently serve as regional or local trial counsel for defendants in complex litigation matters. Areas of Practice Product Liability/ Personal Injury Litigation We represent clients in a wide variety of product liability and personal injury litigation, ranging from simple automobile liability cases to asbestos litigation to multimillion dollar product cases.additionally, we act as regional counsel and litigation managers for several large manufacturers. Our attorneys have handled product liability cases for products such as hoists, cranes, fireworks, firearms, chemical cleansers, motorcycles, all terrain vehicles, automobiles, pharmaceutical products and medical devices throughout the entire state of West Virginia. Our attorneys possess particular knowledge about mining and mining equipment, which has been useful in the defense of manufacturers of mining equipment in major industrial accidents. Our extensive medical background has also been very effective in defending medical and pharmaceutical product liability cases.
5 Professional Malpractice Defense e defend a wide variety of professionals involved in malpractice claims.throughout the state of West Virginia, the following types of Wmalpractice claims are represented: Medical Malpractice Defense We have defended West Virginia physicians and health care providers for over thirty years.we possess the knowledge and experience that is vital to the preparation and successful defense of highly technical cases involving physicians, nurses, emergency department personnel, emergency ambulance authorities, office personnel and hospital administrative staff. Our aggressive and effective defense strategies employed both at trial and appellate levels have met with appreciation from the medical community.we have the ability because of our vast experience in the area to research complex medical issues and obtain the services of highly qualified expert witnesses on behalf of our clients.we have several on-site medical consultants who assist our attorneys in analyzing medical records and medical issues, and in researching medical conditions using our library of medical texts and medical internet resources. Legal Malpractice Defense We have a proven track record of defending lawyers involved in legal malpractice claims in West Virginia. Our experience in other areas of law including medical malpractice defense, healthcare law, and lender liability litigation assists us in defending lawyers who have been sued in cases involving those practice areas. Accountants, Architects, and Engineers We also defend accountants, architects, and engineers.we are able to call upon our expertise in construction law and lender liability litigation in order to defend claims that often involve construction and banking issues. Other Professionals We also defend insurance agents and brokers, realtors, and security brokers and dealers.
6 Defense of Health Related Issues Long-term Care Litigation In addition to general medical negligence cases, we also handle complex long-term care litigation. Our attorneys possess the knowledge and skills essential to the thorough preparation and successful prosecution or defense of these specialized cases involving nursing homes, personal care homes, residential board and care homes and in-home care.we have litigation attorneys and nurses who have particular understanding of this highly regulated and technical area of law. Our extensive medical background has proven very beneficial and effective in managing cases involving longterm care issues. Health Care Law We assist our clients in staying abreast of the constant changes in the field of health care law.we advise physicians practices, physicians groups, nursing homes, and other health care providers about issues such as HIPAA compliance, Medicare and Medicaid fraud, rate review, acquisition and structuring of medical practices, employment law, certificates of need, EMTALA, and managed care. The firm represents physicians in hearings before the West Virginia Board of Medicine and represents a variety of health care providers in litigation. One of our members, Elizabeth Lawton, brings special expertise to this practice area, based upon her experience as a former Commissioner for the West Virginia Bureau for Medical Service (Medicaid). Veterinary Malpractice and Animal Law We possess the knowledge and experience necessary for the preparation and successful litigation of cases involving veterinary malpractice as well other types of cases involving animals. Our attorneys stay familiar with the pertinent issues in the field of veterinary medical law through membership in the American Veterinary Medical Law Association. Our veterinary and animal law attorneys also hold memberships in the American Boarding Kennels Association, the Association of Pet Dog Trainers, local K-9 search and rescue organizations, and local humane associations. Our involvement with these organizations allows us to keep up with the latest issues regarding animal law and greatly assists in the ability to obtain highly qualified expert witnesses. Areas of Practice
7 State and Municipal Government Liability W e defend claims against public officials, law enforcement officers and municipal entities including cities, state agencies, school districts, and school district personnel.we defend public entities in cases involving street and road claims, civil rights actions, municipal construction, landfill litigation, employment litigation, water distribution liability, personal injury claims against public entities, property damage claims against public entities, and wastewater collection and treatment liability. Labor and Employment Law We represent and advise clients in matters involving wrongful discharge, Employee Retirement Income Security Act (ERISA), civil rights claims (Section 1983 litigation), discrimination and discharge claims filed under various federal and state statutes, including the Americans with Disabilities Act (ADA), employment contracts, labor disputes, grievance procedures, unfair labor practices arbitrations, and proceedings before the West Virginia Human Rights Commission. Administrative and Regulatory Law Our firm has an established history of representing clients before the various federal and state administrative agencies including Workers Compensation, Unemployment Compensation, Occupational Safety and Health Administration (OSHA), and Mine Safety and Health Administration (MSHA).
8 Environmental Law We prosecute and defend toxic tort claims for bodily injury and property damage on behalf of individuals, municipalities and corporations. We represent clients in cases including hazardous waste disposal, coal drainage and refuse problems, water and wastewater treatment systems, flooding, equipment and NPDES compliance, and oil spills. We also advise both insurers and individual clients on the applicability of insurance coverage for environmental claims. Natural Resources Our attorneys are seasoned advisors to the coal, oil and gas, and timber industries. We handle matters ranging from coal mine accidents to surface and ground water flood and runoff litigation. Construction Law We are experienced in defending various corporate and governmental entities involved in construction litigation disputes.we can handle everything from personal injury litigation arising from construction projects to lien claims, contract claims and change order claims. Our lawyers efficiently conduct discovery early in such cases to appropriately evaluate exposure for our clients.we work toward an early resolution of construction disputes, using alternative dispute resolution methods, such as mediation, arbitration or other creative problem solving methods. Additionally, when an alternative dispute resolution method is not available or appropriate, we are fully prepared to defend our construction clients at trial. We are also available to assist clients in drafting construction documents. Our experience handling construction disputes assists us in foreseeing potential problems with contract language and advising clients about how best to avoid construction litigation. Areas of Practice
9 Areas of Practice Bank Operations and Lender Liability Litigation T he firm represents banks, savings and loan associations, thrifts, loan servicers, brokers, mortgage lenders, other financial institutions and attorneys in a wide variety of lending, bank, mortgage banking, and real property matters.we have defended clients in both state and federal courts. Representative actions and services include the following: Loan Origination Claims (claimed violations of Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA),West Virginia Consumer Credit and Protection Act (WVCCPA), Predatory Lending laws, etc.); Loan Servicing Claims (claimed violations of state and federal Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), etc.); Wrongful Foreclosures Claims (claimed violations of judicial and non-judicial foreclosure laws, etc.); Adversarial proceedings before the U.S. Bankruptcy Courts in which the validity of real estate loans are challenged on the basis of fraud, forgery, and undue influence; and Counseling of lenders or documentation and loan enforcement issues to minimize the risk of exposure to lender liability. Estate Planning, Wills and Trusts We advise clients on estate planning issues in order to preserve families and individuals financial resources.the firm serves clients with simple and complex estate planning needs, irrespective of the size of their estate. We understand that our clients look to us to ensure that their wishes will be carried out after their lifetime. The firm prepares wills and trusts, counsels clients on the appropriate means of estate planning as their needs and financial resources change, and represents clients in disputes and litigation involving estates and trusts.
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