Donald C. Sinclair II
Of Counsel
Litigation
J.D. West Virginia University
B.A. West Virginia Wesleyan College
Office:
Wheeling, WV
(304) 231-0458
Biography
An experienced litigator, Mr. Sinclair concentrates his practice on occupational and environmental litigation in the energy and transportation sectors, including water, air, and soil quality; industrial noise and vibration; occupational diseases; toxic torts; toxic and traumatic encephalopathies, seizures, and syncope; the evidence-based determination of medicolegal causation; and the admissibility of novel and complex scientific evidence.
Mr. Sinclair is a member of the firm’s Emerging Contaminants Team.
In addition to his legal practice, Mr. Sinclair is an Adjunct Assistant Professor at the Rocky Mountain Center for Occupational and Environmental Health, University of Utah School of Medicine, Division of Occupational Health.
Memberships & Awards
Professional
2019 Recipient of the Paul S. Richards, MD, Endowed Distinguished Visiting Lectureship in Occupational Medicine, The Rocky Mountain Center for Occupational and Environmental Health at the University of Utah Health Sciences CenterAmerican College of Occupational and Environmental Medicine, Associate Member National Association of Railroad Trial Counsel, Executive Committee Member and Past Southeast Region Vice President The Best Lawyers in America®, Transportation Law (2018-Present)American Inns of Court - Master of the Bench
Key Experience
Obtained unanimous defense verdict at jury trial in Kentucky State Court on behalf of an oil and gas operator in an environmental exposure action alleging toxic encephalopathy as a consequence of a noxious gas exposure
Defended oil and gas exploration and production company before the West Virginia Mass Litigation Panel in claims involving air, soil, and water quality related to natural gas extraction and transmission
National Coordinating Counsel for Class I Railroad for the defense of occupational disease claims
Work Experience
2014 Steptoe & Johnson PLLC
2007-2014 Sinclair PLLC - Occupational & Environment Consulting
2000-2007 Sinclair Kelly Jackson Reinhart & Hayden LLC
1998-2000 Thorpe Reed & Armstrong LLC
1989-1998 Burns White & Hickton LLC
2007-2014 Sinclair PLLC - Occupational & Environment Consulting
2000-2007 Sinclair Kelly Jackson Reinhart & Hayden LLC
1998-2000 Thorpe Reed & Armstrong LLC
1989-1998 Burns White & Hickton LLC
Speaking Engagements
Select PublicationsSinclair, DC. 2021. Medical Expert Witness Testimony – Principles and Practice. In: Effective Management of Occupational and Environmental Health and Safety Programs – A Practical Guide, Ch. 24, 4th Ed., Moser, R., Ed., OEM Press, Beverly Farms, Mass. (in press).Bruns, D, Warren, P, et al. 2019. American College of Occupational and Environmental Medicine Workplace Mental Health Guideline, MDGuidelines©. Web, Hegmann, KT, Ed., www.mdguidelines.com. Reed Group, Ltd., accessed Mar. 31, 2019. Sinclair, DC. Consultant to the Panel. Greaves, WW, Das, R, Green-McKenzie, J, Sinclair, DC, Hegmann, KT. 2018. Work-Relatedness. J. Occup. Environ. Med. 60(12):e640-646; Greaves, W.W., Das, R., Green-McKenzie, J., Sinclair, D.C. 2018. Work-Relatedness, MDGuidelines®.Web, Hegmann, K.T., Ed., www.mdguidelines.com. Reed Group, Ltd.Sinclair, DC, 2017. Evaluation of Industrial Noise in the Oil and Gas Industry. In 38 Energy & Min. L. Inst., Ch. 3, Energy & Mineral Law Foundation, Lexington, KY.Sinclair, DC. 2010. Epidemiology in the Courtroom – an Evidence-Based Paradigm for the Determination of Causation in Compensation Environments. J. Occup. Envir. Med., 52(4):1-6.Select Presentations"The Role of the Epidemiological and Exposure Sciences in the Resolution of Medicolegal Disputes." The Paul S. Richards, MD, Endowed Chair Distinguished Visiting Lectureship in Occupational Medicine, National Occupational Research Agenda (NORA), Salt Lake City, Utah, 2019."Analysis of Groundwater Contamination Actions in the Oil and Gas Industry." Shale Gas Law Conference. West Virginia University College of Law, Morgantown, WV, 2019."Epidemiology in the Courtroom – The Evidence-Based Determination of Causation in Medicolegal Proceedings," The Montana State Fund 18th Annual Medical Conference. Helena, MT, 2018. "Evaluation of Industrial Noise in the Oil and Gas Industry." 2017 Energy and Mineral Law Foundation Annual Institute. Williamsburg, Virginia
2017 Energy and Mineral Law Foundation Annual Institute. Williamsburg, Virginia "Analysis of Groundwater Quality in Environmental Litigation Related to Industrial Processes, Chemical Spills, and Inadvertent Discharges." 2017 National Association of Railroad Trial Counsel Special Litigation Conference XXVII, Snowmass, CO."Mild Traumatic Brain Injury - Evidence-Based Classification and Evaluation in Litigation." 2015National Association of Railroad Trial Counsel Winter Meeting, Palm Springs, CA."Medical Fitness for Duty Guidelines and the Americans with Disabilities Act – Legal Implications for Employers." 14th Annual National Compensation Insurance ExecuSummit, Uncasville, CN."Enforcement of Medical Fitness for Duty Guidelines and the Americans With Disabilities Act – The Business Necessity and Direct Threat Defenses." National Association of Railroad Trial Counsel Winter Meeting, St. Petersburg, FL."Defining Acceptable and Persistent Risk of Sudden Incapacitation Among Transportation Workers in Safety Critical Positions." American College of Occupational and Environmental Medicine Annual Occupational Health Conference, Baltimore, MD."Prescription Drugs and Safety at Work - Scientific Assessment of Risk, Legal and Policy Implications, and Practical Guidance for Physicians." American College of Occupational and Environmental Medicine Annual Occupational Health Conference, Baltimore, MD."Whole Body Vibration and Repeated Shock Exposure Aboard Railroad Maintenance-of-Way Machinery." National Association of Railroad Trial Counsel Winter Meeting, Phoenix, AZ."The Convergence of Law and Science - Evidence-Based Medicine as Regulatory Policy." 2011 Musculoskeletal Disorders and Chronic Pain, Canadian Institute for the Relief of Pain and Disability (CIRPD), Los Angeles, CA"Evaluating Feigned Cognitive Impairment - The Neuropsychology of the Malingering Mind." National Association of Railroad Trial Counsel, Special Litigation Conference XXI, Park City, UT."In the Cauldron - Science in the Courtroom." 2011 The American Academy of Disability Evaluating Physicians Annual Meeting, San Antonio, TX.