Litigation

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Litigation

Working with clients to achieve their business goals, Steptoe & Johnson litigators seek a cost-effective, early resolution of every case, bearing in mind both the cost of litigation and the risk of encouraging additional lawsuits by settling cases that should be tried. By doing so, Steptoe & Johnson has gained a reputation for providing clients with common sense advice. Recognizing that cost control and time are critical factors, they also are adept at analysis, budgeting, and all types of alternative dispute resolution. Firm litigators have built a strong record in complex cases. This reputation, coupled with a willingness to take cases to trial when necessary, provides clients with exemplary service based on a client-focused partnering

Groups and teams:

Appellate

Business Litigation

Class Actions & Mass Torts

Construction Law

Employment Litigation

General Litigation

Insurance, First Party & Coverage (IFPAC)

Long Term Care

Products Liability

Professional Liability

Toxic Torts

54 Team Members

We're all in this together

Know How

Refusal to Defend Third Party Liability Policy: Damages Limited
Robert Graham (“Graham”), an Executive Director of two non-profit corporations was joined in a suit by the State of West Virginia for misappropriation of funds and personal enrichment.  The suit was removed to Federal Court and upon a demand by Graham to National Union Insurance Co. (“National Union) for a complete defense of the claims, National Union refused to defend on the ground of lack of coverage. Upon motion for summary judgment by National Union, the District Court found in favor of National Union on the duty to defend.
Webinar March 2013 - Webcast Presentation - MSHA Citations and Orders: Preparing for Negotiation & Litigation
Click the following link to listen to a recording of the webcast:  MSHA Citations and Orders Preparing to negotiate or litigate MSHA citations and orders is an increasingly tedious task.  Jonathan Ellis and Peter Raupp will discuss the litigation process for MSHA citations and orders, including tips on what you can do at the time of the MSHA inspection to prepare for the eventual negotiation and/or possible litigation of any citations and orders issued. Topics discussed: The litigation and negotiation process for MSHA citations and orders Tips on documenting to assist in defending against citations and orders Issues related to spoliation of evidence Recent FMSHRC decisions
Alert Court Liberally Construes WV Consumer Credit Protection Act
In Vanderbilt Mortgage and Finance, Inc. v. Cole, the original loan was in the amount of $46,670.22 at 9.25% made in 1996 for the purchase of a manufactured home. The lender, Vanderbilt, became the servicer of the loan in 2005. The borrower did not make a single payment on time after 2005 and had modifications of the loan in 2005, 2007, and 2009. The borrower defaulted in 2010. Vanderbilt foreclosed and purchased the home and real property at trustee’s sale. 
Alert Important Changes in Medicare Lien Law
On January 10, 2013, Public Law 112-242 was approved and provides clarity to several portions of the Secondary Payer Act. Following are some of the highlights of the legislation:  DETERMINATION OF REIMBURSEMENT AMOUNT THROUGH CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) WEBSITE
Alert Non-Duplication Of Benefits Provision In UIM Policy Upheld For Settlements Less Than Policy Limits
The Supreme Court of Appeals of West Virginia recently upheld a “non-duplication of benefits” provision in a UIM policy thereby permitting a UIM carrier to reduce an insured’s damages by the amount of medical payments coverage received. The Court upheld the provision irrespective of the language of W.Va. Code Section 33-6-31(b) preventing the reduction of UIM coverage by payments made under the insured’s policy or other policies. In State Farm Mut. Auto. Ins. Co. v. Schatken, the West Virginia Court stated that the statutory language prohibits the reduction of coverage, not the reduction of damages, such that, if an insured’s damages are less than policy limits, the provision operates to permit a double recovery. 
Alert Court Decision Approves Arbitration Provisions for Home Builders
Thanks to a recent Supreme Court of Appeals of West Virginia decision, residential builders received an early Christmas gift in the form of approval of arbitration provisions in their “form” contracts with residential home purchasers. The home purchasers argued that the arbitration provision was too one-sided and that no separate consideration was paid for it. This argument, used for many years by residential home purchasers suing builders to attempt to escape arbitration, has been put to rest.
Webinar November 2012 - Webcast Slides - Dart Board Litigation in the Utica & Marcellus Shales
Development of the Utica and Marcellus Shales has created a significant change in the legal environment, types of claims, and new types of plaintiffs and plaintiffs' attorneys involved. Plaintiffs now employ so-called "dart board" litigation which makes defending claims more complex and significant. New types of claims have developed including individual claims against landmen and notaries.In this webcast, Phillip Glyptis will provide an update on the claims being brought, as well as provide recommendations on how to control and potentially avoid being involved in litigation.Discussion includes: Current litigation trends Why OH, PA, and WV are different Claims in mineral title litigation Ways to protect yourself from litigation
Webinar August 2012 - Webcast Presentation - Trucking Companies to Independent Contractors: New Regulations in the Utica & Marcellus Shales
To watch and listen to a recording of this webcast, CLICK HERE.August 2012 - Energy Keynote Webcast Trucking Companies to Independent Contractors: New Regulations in the Utica & Marcellus ShalesOn June 5, 2012 the Federal Motor Carrier Safety Administration (FMCSA) issued updated guidance to clarify the applicability of the “Oilfield Operations” exceptions to the "Hours of Service" regulations for commercial drivers. The exception has gotten more attention recently as a result of increased Marcellus drilling activities in the Northeast; and a number of highway deaths linked to commercial drivers operating vehicles in excess of the permitted hours of service.
Webinar July 2012 - Webcast Slides - Mineral Title Litigation & Litigation Trends in the Utica and Marcellus Shales
Mineral Title Litigation & Litigation Trends in the Utica and Marcellus ShalesThe ongoing development of the Utica and Marcellus shales has resulted in increased mineral title litigation and varying litigation trends throughout Ohio, Pennsylvania and West Virginia.  In this webcast, Kevin West and Jim Wright will discuss these issues and how they affect energy developers doing business in the region.Discussion includes:Curing title issuesHow WV, OH, and PA are differentCurrent litigation trends in the Utica and MarcellusWays to protect yourself
Alert WV Supreme Court to Insurers: Attend Mediation or Risk Sanctions
On November 9, West Virginia's Supreme Court affirmed a circuit court's authority to sanction an insurer for its failure to attend court-ordered mediation. Although the Supreme Court reversed the lower court's award of hundreds of thousands of dollars in sanctions under the specific circumstances of the case, Casaccio v. Curtiss serves as a stark warning to insurers of the potential penalties for failure to appear.In Casaccio, an insurance carrier's representative appeared at mediation, but failed to notify the parties or the mediator in advance that another carrier had an interest in the outcome of the mediation and settlement, thus limiting the authority of the representative present to settle beyond certain amounts.
Alert CEOs Get Some Relief
If your company does business in West Virginia, and you find yourself involved in civil litigation, you will be glad to know that our Supreme Court of Appeals just issued an opinion restricting a "straight to the top" approach to pre-trial discovery depositions.  A common tactic for lawyers suing corporations has been to schedule or ?notice? the company?s CEO for a deposition, with nothing more than the assertion that he or she SHOULD know or MUST know something or have information that falls within the broadly defined "scope of discovery."
Alert W.Va. Supreme Court Limits DHHR Recovery from Tort Settlements for Medicaid Payments
In a decision released late last week, the West Virginia Supreme Court construed state and federal law to limit the State's Department of Health and Human Resources (DHHR) in its recovery for medical benefits paid to claimants who settle tort claims. The Court relied on federal case law to rule that DHHR may recover the medical expenses it paid only from the portion of the settlement (or judgment) that constitutes damages for past medical expenses. Insurers should take note that the decision's dictates could lessen the Medicaid lien which can be asserted and lengthen the time it takes to finally resolve a case, should litigation over the lien result.
Alert New Business Court Division Aims to Better Resolve Business Disputes
West Virginia has a new circuit court division for resolving business disputes. The Supreme Court of Appeals of West Virginia established a Business Court Division in West Virginia's circuit courts to more efficiently and effectively manage business litigation. The newly created Court will be based in Martinsburg, WV.

Representative Experience

  • Subrogated claims for clients involving funds previously paid to insured parties to recover property damages and medical expenses from at fault parties

  • Drafted motions for summary judgment to defend clients in disputes arising from independent contractor status, products liability, and the duty to warn

  • Provided litigation support for multiple information technology/patent infringement litigation matters

  • Represented individuals and institutions in trust and estate litigation

  • Representation of engineers and engineering firms before the West Virginia Board of Registration for Professional Engineers

  • Licensing issues and compliance before the WV Contractor's Licensing Board

  • Represented company in wrongful death litigation involving workplace accident in coal mine

  • Part of team that represented corporate client in encroachment matter

  • Part of trial team that defended multi-million dollar breach of contract action

  • Defended numerous "deliberate intent" actions for manufacturing and energy clients

  • Defended major coal company in Coal Act litigation in Kentucky federal court  

  • Defended numerous personal injury actions in West Virginia and Kentucky

  • Assisted client in having experts stricken from testifying and having partial summary judgment motions granted, reducing claims and potential damages against client

  • Defended a variety of companies and individuals in litigation, including toxic tort, products and premises liability, personal injury, nursing home, medical malpractice, Section 1983, and employment matters

  • Litigated execution on judgment issues for large telecommunications client that paved the way for a $7 million financing to proceed

  • Assisted clients with utilizing judicial resources of the West Virginia Business Court Division, including drafting motion to refer case to the Business Court     

  • Litigation experience representing both individual and corporate interests in a wide variety of tort and breach of contract claims

  • Represented homeowners association in matters involving non-payment of fees

  • Presuit negotiation of False Claims Act violations

  • Assisted in drafting pre-trial motions and assisted in preparation of materials to be used at trial for manufacturer in asbestos litigation

  • Defended police officers, correctional officers and governmental entities accused of common law and statutory claims

  • Represented physician in dispute over control of partnership and allegations of mismanagement
  • Defended wrongful death claims against pharmacy and long term care provider
  • Defended large manufacturers and nursing homes in arbitration proceedings

  • Experienced with Kentucky's unique statutory scheme governing motor vehicle insurance and subrogation claims

  • Defended national energy company in premises liability litigation

  • Defended numerous contractors and builders in property damage, breach of contract, and faulty construction claims

  • Represented client in claims arising out of international purchase orders

  • Audited purchasing and contracting processes to identify and manage risks

  • Defended claims of violation of First Amendment free speech rights and right to petition in federal district court

  • Jury trial in a personal injury case

  • Represented real estate agents and agencies against claims involving property sales

  • Defended trucking companies in claims involving personal injuries

  • Mediated numerous claims to conclusion, including personal injury and bad faith

  • Conducted trial of surety bond case

  • Defended multi-million dollar sewer plant design defect litigation

  • Defended client in bench trial involving property dispute
  • Represented governmental entities in premises liability and wrongful death actions
  • Sought summary judgment for a ski resort in three recent liability cases
  • Defended clients in jury trials involving contract disputes and wrongful death actions
  • Represented nursing home facilities in litigation to prevent the construction of a competing facility in violation of state competitive bidding law
  • Represented client in three day jury trial in state court
  • Represented client in one day bench trial regarding partnership dispute
  • Provided pro bono representation to financially needy clients in all of the above areas
  • Defended businesses in wrongful death and paraplegia lawsuits

  • Defended a limited liability company and its managing member in suit filed by business tenant claiming fire losses allegedly caused by failure to construct office/warehouse building with proper fire protection measures and failure to purchase insurance coverage on the tenant's personal property

  • Defended various energy clients in cases involving catastrophic accident investigation and litigation, mine safety and health matters
  • Represented various banks and credit card companies in WV Consumer Credit and Protection Act litigation
  • Represented major national brokerage houses in securities litigation
  • Defended banks, brokers and brokerages in investigations by WV Attorney General

  • Represented banks and credit card companies in "Do Not Call" litigation

  • Resolved a whistleblower case for a public entity after the key witness and decision-maker was impeached and removed from his office by a public tribunal
  • Represented management in arbitration proceedings
  • Acted as local counsel to a major pharmaceutical manufacturer in claims of legal malpractice by mishandling of the defense of a case in state and federal antitrust claims
  • Represented physicians and hospitals in health care fraud investigations and qui tam actions
  • Defense of governmental entities, law enforcement officers and prosecutors in civil rights and liability cases
  • Represented baby food manufacturers in defense of federal class action lawsuit alleging 17-year price fixing conspiracy
  • Jury trial of professional negligence action against phlebotomist alleged to have severely and permanently injured plaintiff while performing venipuncture

  • Defended the world's leading vegetation maintenance company in case involving multiple defendants and personal injuries exceeding $450,000

  • Handled many workplace injury claims
  • Served as an arbitrator in uninsured and underinsured arbitration proceedings

  • Represented large multi-national pharmaceutical company to recover for faulty wastewater treatment plant installation

  • Sought dismissal of felony drug charges against client which affected immigration claim for deportation

  • Defended death and injury litigation, including jury trial, arising out of the premature collapse of a coal tipple being dismantled by an independent contractor

  • Represented a number of clients, including banks, insurance companies, and other corporate and individual defendants, in various suits resulting in dismissal, summary judgment or defense verdicts
  • Represented heavy machine manufacturer in two separate claims of catastrophic injuries

Susan S. Brewer

"We believe that trusting relationships are essential to achieving client goals, but don't take my word for it, ask one of our clients.

Learn More About Susan

 

Did you know?

10.5 Years

equals the average tenure of our client relationship. We'd like to be in it for the long haul with you too.

Leaders in our Field

22 of us are ranked as “Leaders in their Field” by Chambers USA.

Face-to-Face Client Interviews

25+ face-to-face client interviews are conducted every year by our CEO and firm management to learn how we can do better (so please give us an earful).

Leaders in our Field

Steptoe & Johnson was the first firm to successfully secure regulatory approval for a multi-lateral Utica shale well.

One Firm

Ours is a client-of-the-firm culture, service model and compensation system that matches the best talent to the assignment and puts your economic interest ahead of ours.

14 Offices Throughout the U.S.

14 offices throughout Colorado, Kentucky, Ohio, Pennsylvania, Texas and West Virginia.

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  • To Choose Steptoe & Johnson
  • that prove we're in it together. You need a willing partner who understands that something always true
  • isn't just about giving advice, but is really about active listening and proactive thinking.
  • well, need we say more? But our workflow efficiency depends on our
  • how much we understand your business and share insights to deliver superior
  • tailored to meet your needs. At Steptoe & Johnson, we belive if we do these things well, we'll deliver value in all we do.