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Business Litigation

Home > Areas of Practice > Business Litigation

F3 is one of the few firms in the region with a lawyer, Michael J. Farrell, who has been recognized as a 'business litigator' by the Best Lawyers in America publication. He has had this distinction for a number of years. Mr. Farrell and the F3 lawyers have the experience necessary to litigate the commercial disputes which have contributed to the nationwide litigation explosion. Disappointed business partners seek redress for failed expectations. Employees and former employees perceive litigation as the alternative to getting rich through the lottery. Unfortunately, there is a need for competent and aggressive representation when money is at stake because a contract was breached or business expectation unfulfilled.

A review of the F3 business litigation case listing demonstrates that a diverse array of issues have been resolved for our clients in the courtroom rather than the boardroom. Litigation is always disruptive to the operation of a business. When a business dispute arises, the choice of a mature, competent and experienced lawyer is essential. Very often, a potential client has a problem and consults a business or tax lawyer for advice. In Great Britain, the procedure would be to consult a solicitor (advisor) who will take the client to a barrister (trial lawyer). While F3 has lawyers who can write a contract, as importantly, its lawyers have the skills to evaluate, attack or defend the enforceability of a contract.

The intrusion of government into the business environment creates multiple occasions for defending claims based on non-compliance with federal or state law. Delay in addressing these and other legal problem can be injurious to the capacity to successfully prevail. F3's business litigation lawyers will promptly, efficiently and competently represent each of its clients. Businessmen and women rely on forecasts to guide the development of their businesses. F3's lawyers accept the same obligation to evaluate the problem and forecast the possible alternative results.

F3 accepts representations throughout the state of West Virginia and in proximate regions of Kentucky as requested. Only with the comfort of litigation forecasts from mature, competent lawyers can a client make the right decision.

Attorneys
Michael J. Farrell (Practice Leader) More information about Michael J. Farrell
Tamela J. White More information about Tamela J. White
Charlotte A. Hoffman Norris More information about Charlotte A. Hoffman Norris
Erik W. Legg More information about Erik W. Legg
David A. Stackpole More information about David A. Stackpole
 
Publications
“Product Liability: The Emergence of the Sophisticated Purchaser and Bulk Supplier Defenses” , – Defense Trial Counsel of West Virginia Notebook of Articles. Co-authored with Michael J. Farrell. (May 2010)
“Workplace Litigation: An Emerging Intersection Between Products Liability and Mandolidis” , West Virginia Continuing Legal Education -- Litigation 2010. Co-authored with Michael J. Farrell. (February 2010)
Electronic Discovery - An Overview, West Virginia Continuing Legal Education Litigation Seminar, Canaan Valley, West Virginia (February 6, 2004)
HIPAA: Not Just Another Healthcare Provider Compliance Law, West Virginia State Bar Litigation CLE Seminar (February, 2003)
Medicare and Medicaid Compliance Alert: Theory Into Practice, National Business Institute CLE (December, 2002)
Addressing Health Care Fraud and Abuse in West Virginia, National Business Institute (December, 2002)
Primer on Contracts and Commercial Transactions, Marshall University School of Medicine Senior Seminar Handbook (August, 2000)
Professionalism, Harassment & Abuse: The Interface of Common Sense, Law and Ethics, Marshall University School of Medicine Senior Seminar (July, 2000)
Medicare, Medicaid, Third-Party Payor Liens, West Virginia State Bar Litigation CLE (February, 1999)
Confidentially: Managing Health Information in a Changing Environment, Medical Legal Update 1997, Lorman Business Center, Inc.
Overview of Medical Device Reporting Requirements, Lorman Business CME/CLE Seminar (September, 1997)
Health Care Premises and Security Issues, Lorman Business CME/CLE Seminar (September, 1997)
The Fundamentals of Bad Faith and How to Avoid It, Prudential Property & Casualty National Claim Managers Educational Seminar (October, 1996)
Primer For The Product Manufacturer In The 1990's, National Safety Council National Convention (San Diego, CA October, 1994)
Catastrophic Injuries & Product Liability Litigation: A Primer For The Product Manufacturer In The 1990's, National Safety Council National Convention (San Diego, CA October, 1994)
Wrongful Discharge Weakened: Management Regains Its Right To Terminate Employment, Cabell County Bar Association Seminar (March, 1993)
Human Resouce Conclave Re: Avoiding The Wrongful Discharge Claim in West Virginia's Litigious Healthcare Environment, West Virginia Human Resources Association Seminar (April, 1992)
Checklists and Buzz Words For Human Resource Managers in West Virginia's Litigious Healthcare Environment - Avoiding The Wrongful Discharge, West Virginia Hospital Human Resources Association Seminar (April, 1992)
A Primer on West Virginia's Wrongful Discharge Law, Cabell County Bar Association Seminar (March, 1992)
Management's Rights in West Virginia's Litigious Environment, West Virginia Hospital Association Seminar (October, 1991)
Risk Management for Physicians, Temple University Timberline Winter Medical Legal Conference (January, 1989)
Civil Litigation Chapter, West Virginia Practice Handbook (Michie 1989)
Mandolidis - Where Have All The Claims Gone, 3 Defense Trial Counsel Handbook 529 (June, 1987)
Mandolidis - Old Claims and New Statute, Mountain State Bar Association Annual Meeting (June, 1985)
Mandolidis: Questions and Answers, West Virginia Safety Council (September, 1982)
Commercial Litigation Damages, West Virginia State Bar/WVU College of Law Seminar (September, 1982)
The Mandolidis Problem, Jenkins, Fenstermaker, Krieger, Kayes & Farrell Insurance Seminar (May, 1982)
Mandolidis - What Does It Mean, West Virginia State Bar Bridge the Gap Seminar (May, 1982)
Breach of Contract - Presentation of Damage Evidence, West Virginia State Bar/WVU College of Law Seminar (September, 1981)
Mandolidis and Beyond, West Virginia State Bar Annual Convention (May, 1981)
 
Seminars
“Workplace Litigation ~ An Emerging Intersection Between Products liability and Mandolidis” , West Virginia Continuing Legal Education -- Litigation 2010, Canaan Valley Lodge, Davis, West Virginia (February 19-20, 2010)
“Ethical Use of Social Media in Your Law Practice” , Kentucky Bar Association’s Kentucky Law Update in Ashland, Kentucky on October 7, 2009.
Panel Member, “Electronic Discovery.”, Kanawha County Bar Association Meeting (Charleston, West Virginia, May 5, 2009)
Electronic Discovery - An Overview, Defense Trial Counsel of West Virginia Annual Meeting (Myrtle Beach, South Carolina, June 18, 2007).
Electronic Discovery - An Overview, West Virginia Continuing Legal Education Litigation Seminar, Canaan Valley, West Virginia (February 6, 2004)
Clinical Practice in a World of Legalities, Panelist, Coalition to Prevent Prescription Medication Abuse: A Multidisciplinary Summit for Eastern Kentucky (June, 2003)
HIPAA: Not Just Another Healthcare Provider Compliance Law, West Virginia State Bar Litigation CLE Seminar (February, 2003)
Medicare and Medicaid Compliance Alert: Theory Into Practice, National Business Institute CLE (December, 2002)
Addressing Health Care Fraud and Abuse in West Virginia, National Business Institute (December, 2002)
Professionalism, Harassment & Abuse: The Interface of Common Sense, Law and Ethics, Marshall University School of Medicine Senior Seminar (July, 2000)
Risk Management and Employment Law Update, St. Mary's Hospital Medical and Dental Staff
Employment Law Update, St. Mary's Hospital Senior Management and Staff (April, 1999)
Medicare, Medicaid, Third-Party Payor Liens, West Virginia State Bar Litigation CLE (February, 1999)
Confidentially: Managing Health Information in a Changing Environment, Medical Legal Update 1997, Lorman Business Center, Inc.
Overview of Medical Device Reporting Requirements, Lorman Business CME/CLE Seminar (September, 1997)
Health Care Premises and Security Issues, Lorman Business CME/CLE Seminar (September, 1997)
The Fundamentals of Bad Faith and How to Avoid It, Prudential Property & Casualty National Claim Managers Educational Seminar (October, 1996)
Sexual Harassment: How to Avoid the 'Hostile Work Environment' - Mock Trial, Ashland, Kentucky Dental Society (February, 1996)
Sexual Harassment in the Dental Office, Cabell County Dental Society (February, 1995)
Primer For The Product Manufacturer In The 1990's, National Safety Council National Convention (San Diego, CA October, 1994)
Catastrophic Injuries & Product Liability Litigation: A Primer For The Product Manufacturer In The 1990's, National Safety Council National Convention (San Diego, CA October, 1994)
Wrongful Discharge Weakened: Management Regains Its Right To Terminate Employment, Cabell County Bar Association Seminar (March, 1993)
Human Resouce Conclave Re: Avoiding The Wrongful Discharge Claim in West Virginia's Litigious Healthcare Environment, West Virginia Human Resources Association Seminar (April, 1992)
Checklists and Buzz Words For Human Resource Managers in West Virginia's Litigious Healthcare Environment - Avoiding The Wrongful Discharge, West Virginia Hospital Human Resources Association Seminar (April, 1992)
A Primer on West Virginia's Wrongful Discharge Law, Cabell County Bar Association Seminar (March, 1992)
Management's Rights in West Virginia's Litigious Environment, West Virginia Hospital Association Seminar (October, 1991)
Risk Management for Physicians, Temple University Timberline Winter Medical Legal Conference (January, 1989)
Mandolidis - Where Have All The Claims Gone, 3 Defense Trial Counsel Handbook 529 (June, 1987)
Mandolidis - Old Claims and New Statute, Mountain State Bar Association Annual Meeting (June, 1985)
Mandolidis: Questions and Answers, West Virginia Safety Council (September, 1982)
Commercial Litigation Damages, West Virginia State Bar/WVU College of Law Seminar (September, 1982)
The Mandolidis Problem, Jenkins, Fenstermaker, Krieger, Kayes & Farrell Insurance Seminar (May, 1982)
Mandolidis - What Does It Mean, West Virginia State Bar Bridge the Gap Seminar (May, 1982)
Breach of Contract - Presentation of Damage Evidence, West Virginia State Bar/WVU College of Law Seminar (September, 1981)
Mandolidis and Beyond, West Virginia State Bar Annual Convention (May, 1981)
 
Cases
Perry v. Tri-State Chrysler Jeep, LLC, , 2008 WL 1780938 (2008)
Ashworth v. Albers Medical, Inc., 410 F. Supp.2d 471 (S.D.W.Va. 2005)
Baisden v. Bayer Corp., 275 F. Supp.2d 759 (S.D. W.Va. 2003)
Seals v. General Revenue Corp., 2002 WL 32099632 (N.D. W. Va. 2001)
Moore v. Goodyear Tire & Rubber Co., 1998 WL 917817 (S.D.W.Va., Sept. 28, 1998)
County Commission of Boone County v. Hill, 194 W. Va. 481, 460 S.E.2d 727 (1995)
Boyle v. Boyle, 194 W. Va. 124, 459 S.E.2d 401 (1995)
Alpha Welding & Fabricating, Inc. v. Todd Heller, Inc., 837 F.Supp. 172 (S.D.W. Va. 1993)
Connors v. Link Coal Co., Inc., 970 F.2d 902 (D.C. Cir. 1992)
Adkins v. Inco Alloys International, Inc., 187 W. Va. 219, 417 S.E. 910 (1992)
Rogers v. Rogers, 185 W. Va. 102, 405 S.E.2d 235 (1991)
Rahall v. Tweel, 186 W. Va. 136, 411 S.E.2d 461 (1991)
Vincent v. Reynolds Memorial Hospital, Inc., 881 F.2d 1070 (4th Circ. 1989)
Superior Pocohontas Coal Co. v. Island Creek Coal Co., 840 F.2d 11 (4th Cir. 1988)
Hatcher v. Narcise, 180 W. Va. 20, 375 S.E.2d 198 (1988)
Superior Pocohontas Coal Co. v. Island Creek Coal Co., 657 F.Supp. 796 (S.D.W. Va. 1987)
Wayne County Bank v. Hodges, 175 W. Va. 723, 338 S.E.2d 202 (1985)
State ex rel McGraw v. Willis, 174 W. Va. 118, 323 S.E.2d 600 (1984)

 

 

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