Biography
Ronda Harvey is an experienced labor and employment attorney who defends clients, including Fortune 500 companies, on a wide variety of employment issues in state and federal courts. She understands that each client is unique, and works in partnership with her clients to fully understand their businesses and help them manage the regulatory landscape of employment issues.
Ronda has been lead trial counsel in more than 200 deliberate intent lawsuits. Recently, she successfully defended a large West Virginia employer in a deliberate intent trial, winning a complete defense verdict. Ronda also has represented defendants in mass tort and complex products liability civil actions. She has defended several national clients in product liability litigation, including pathology laboratories and manufacturers of medical equipment, aircraft, mining roof bolts, boom cranes, and respirators.
Additionally, Ronda frequently provides training to managers and supervisors on both human resource and safety issues. She works with employers in a variety of industries, including manufacturing, health care, and energy. Ronda has successfully tried cases to verdict on behalf of employers, and represents them in administrative proceedings. She has successfully argued appeals to the West Virginia Human Rights Commission.
Serving as lead counsel for a major retail pharmacy, Ronda was appointed a member of the National Pharmacy Committee –a group of attorneys representing the country’s largest pharmacies in the nationwide multidistrict litigation on opioids.
Court Admissions
- Supreme Court of Appeals of West Virginia
- U. S. District Court for the Northern District of West Virginia
- U. S. District Court for the Southern District of West Virginia
- U. S. District Court of Appeals for the Fourth Circuit
Representative Experience
- Represented Cessna in dismissal based on lack of jurisdiction (Arrin Farrar; Erin Farrar v. McFarlane Aviation, Inc.; Textron Aviation, Inc.; and The Cessna Aircraft Company; Andrew Swepston, United States Court of Appeals for the Fourth Circuit, No. 19-1577)
- Represented CPRB and won appeal related to calculation of retirement benefits (Allen E. Tackett v. West Virginia Consolidated Public Retirement Board, Supreme Court of Appeals of West Virginia, No. 16-0963)
- Won declaratory judgment on coverage issue and bad faith claims dismissed as moot due to no coverage (George and Donna Lambert v. Nationwide Mutual Insurance Co., Southern District of West Virginia federal court, Civil Action No. 5:16-cv-06160, January 20, 2017)
- Denied plaintiff’s motion to vacate prior order and thus refused a second time to allow plaintiff to amend complaint to add spoliation claim (Jodie Estep v. Agsten Construction Co., Circuit Court of Kanawha County, West Virginia, Civil Action No. 14-C-1000, April 18, 2016)
- Granted summary judgment on deliberate intent claim and denied motion to amend complaint to add spoliation claim (Jodie Estep v. Agsten Construction Co., Circuit Court of Kanawha County, West Virginia, Civil Action No. 14-C-1000, July 27, 2015)
- Affirmed summary judgment in a deliberate intent civil action (Cunningham v. Felman Production, LLC. Supreme Court of Appeals of West Virginia, No. 13-1276
- Achieved early resolution for nuisance value that was much less than cost-of-defense amount after questioning of plaintiffs during plaintiff’s depositions established that plaintiffs could not prove all five required deliberate intent elements in several deliberate intent matters
- Affirmed order of Circuit Court of Marshall County (Lemasters v. Nationwide Mut. Ins. Co., Supreme Court of Appeals of West Virginia, No. 12-0774, Oct. 29, 2013)
- Obtained dismissal of supervisor in deliberate intent action under W.Va. Code §23-4-2(d)(2)(ii) (Hager v. Cowin & Co., Inc., Civil Action No. 2:10-cv-01138 (S.D. W.Va. 2011))
- Achieved economical resolution far below initial demand and client’s budget in multiple insurance coverage and bad faith actions
- Secured motion to dismiss deliberate intent action (Piasecki v. Wal-Mart Stores East, LP, Civil Action No. 2:08-cv-01302, U. S. District Court for the Southern District of Charleston, WV, Feb. 23, 2009)
- Obtained summary judgment of deliberate intent action (Lemasters v. Century Aluminum of West Virginia, Inc., et al., Civil Action No. 06-C-116, in the Circuit Court of Jackson County, WV, Dec 8, 2008)
- Remanded and tried to deliberate intent action defense verdict (Stout v. Ravenswood Aluminum Corporation, 207 W.Va. 427,533 S.E.2d 359, 2000)
Education
- J.D. West Virginia University College of Law
- B.S. West Virginia University
Memberships
- Former President and Executive Council Member, West Virginia Bar Association (2007-2008, 2000-2007)
- Society for Human Resource Management (SHRM)
- Defense Research Institute
- Employment Law Subcommittee, Defense Trial Counsel of West Virginia
- Fellow, Litigation Counsel of American Trial Honor Society
- Claims and Litigation Management Alliance
- Chair, Civil Justice Reform Committee, West Virginia Chamber of Commerce (2008-2010)
Achievements
- State Litigation Star, Labor/Employment, Benchmark Litigation (2020)
- Chambers USA: America’s Leading Lawyers for Business, “Leaders in their Field” – Litigation: General Commercial (2015-Present)
- The Best Lawyers in America ®, Product Liability Litigation – Defendants (2013-Present)
- Peer-Review Rated AV by Martindale-Hubbell
- Super Lawyers®, Employment Litigation Law, Products Liability Law, General Litigation Law, Charleston, WV (2014-2015, 2018-Present)
- Premier 100 Trial Attorneys of West Virginia, National Academy of Jurisprudence
Speaking Engagements
- “Anatomy of a WV Human Rights Commission Charge – What to Do and Expect Once You’ve Been Served”, (November 2024)
- “From the Trenches –Preparing and Presenting Corporate Designees for Depositions”, The Trial Network: Lakeside Litigation Super Course (April 29, 2023)
- “Drug Use in the Workplace and Drug Testing Under the WV Safer Workplace Act”, West Virginia Healthcare Human Resources Association Conference (September 19, 2019)
- “Drug Abuse or Disability: Are Employees Who Take Prescription Drugs in a Protected Class?”, The Network of Trial Law Firms (April 27, 2019)
- “Drug Abuse or Disability — Are Employees Who Take Prescription Drugs in a Protected Class?”, The West Virginia Design and Construction Expo (March 20, 2019)
- “#TimesUp – Dealing with Sexual Harassment in the Workplace”, West Virginia Healthcare Human Resources Association (September 14, 2018)
- “#TimesUp – How to Handle Sexual Harassment in the Workplace”(April 26, 2018)
Publications
- Co-Author, “Addiction in the Workplace: Employers’ Legal Obligations and Other Considerations When Confronting Employee Drug Habits,” The Network of Trial Law Firms, Litigation Management CLE SuperCourse (Spring 2019)
- Co-Author, “Are all Employers Created Equal? Setoff Shenanigans for Special Employers in Deliberate Intent Cases,” West Virginia Defense Trial Counsel Notebook of Articles (2016)
- “U.S. Supreme Court Decision Could Have Far Reaching Effect on Insurance Industry Insurance Defense,” E-alert (July 7, 2015)
Press Release