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Thomas J. Hurney, Jr.
500 Lee Street East, Suite 1600 - P.O. Box 553 - Charleston, WV 25322

Phone 1: (304) 340-1346 | Fax 1: (304) 340-1050 | Email: thurney@jacksonkelly.com | V-card
Thomas J. Hurney, Jr., is the manager of the litigation department in the Firm's Charleston office.

Tom is the immediate past president of the Defense Trial Counsel of West Virginia.  A Fellow of the American College of Trial Lawyers (ACTL), he was also elected to the American Board of Trial Advocates in January, 2010. He has an AV preeminent rating (Preeminent 5 out of 5) by Martindale-Hubbell and has been recognized in various peer publications, including Best Lawyers in America®, Chambers USA - America's Leading Business Lawyers and Law & Politics' West Virginia Super Lawyers®, which recognized him as a Top Ten West Virginia Lawyer. Chambers lists him as a "Tier 1" litigator in health care law.

Tom received both his law (cum laude, 1983) and undergraduate (Business Administration, 1980) from the University of Dayton. While at the UD School of Law, Tom was the comments editor of the Law Review, published an article while a staff member and was co-chairman of the Dean's Classic Softball Tournament.

Tom has a state-wide practice focusing on jury trials in cases involving serious personal injury and wrongful death. He has substantial experience defending actions brought under West Virginia's Medical Professional Liability Act (MPLA) and has tried numerous cases dealing with issues ranging from primary care to obstetrics and pediatrics.  Recent trials include a two-week trial arising from an arrest in an ICU resulting in a defense verdict, a verdict for a radiologist after an eight day trial in Wheeling, West Virginia, and another for a gastroenterologist in a case arising from a post-colonoscopy perforation in Princeton, West Virginia.

Tom has also represented health care providers and others in actions arising from defective products and pharmaceuticals, including class and mass tort actions. He has litigated peer review matters, defended physicians, nurses and other health care providers in disciplinary actions before state licensing boards and defended hospitals in administrative investigations.  He worked on the legislative reforms to the MPLA in both 2001 and 2003 and has written extensively on the topic, including two law review articles, Hospital Liability in West Virginia (1993) and Medical Professional Liability in West Virginia (2003), with Rob Aliff, published in the West Virginia Law Review. Tom is also an associate adjunct professor at the West Virginia University School of Medicine in Charleston, where he teaches medical legal issues to medical students, residents and physicians.

Tom's trial experience also ranges from personal injury and product liability to insurance bad faith, contract and property law issues.  He spends significant time defending coal and other corporations in negligence and "deliberate intention" actions. He is also involved in environmental, commercial and insurance litigation. He has served as a mediator, an arbitrator and as a discovery commissioner appointed by the Circuit Court of Kanawha County.

Tom has appeared before the Supreme Court of Appeals of West Virginia over twenty times.  He recently argued four cases, Westmoreland v. Vaidya, Blankenship v. Ethicon, Estate of Fout-Iser v. Hahn and State ex rel Valley Radiology v. Gaughan, and filed amicus briefs in Riggs v. West Virginia University Hospitals, Inc. and Peters v. Rivers Edge Mining.  He has filed amicus briefs in a variety of health care, products liability and deliberate intention cases.

Tom is active in various bar and state and national legal associations. He is a member of the steering committee for the 2010 DRI Medical Liability seminar. He serves on the Judiciary and West Virginia State Committees of the ACTL. He is a member of the Defense Research Institute (DRI), the Executive Committee of the the Association of Defense Trial Attorneys (ADTA) and the International Association of Defense Counsel (IADC).  He served on the Board of Governors of the West Virginia State Bar and has served on and chaired various Bar committees, including the annual Litigation seminar held each winter at Canaan Valley. He served on the Executive Committee of the Kanawha County Bar Association.

Tom is a frequent speaker on a variety of legal topics. He spoke February, 2010 at the DRI Medical Liability Seminar in Phoenix, Arizona, on defending negligent credentialing and privileging actions.  He was the keynote speaker at the annual meeting of the Tri-State Defense Lawyers Association in Concord, New Hampshire, in September 2009. He spoke on the Law of Expert Witnesses in West Virginia at the State Bar's Annual Litigation Seminar in January 2009. He spoke at the State Bar's 2009 Annual Meeting on Direct and Cross-examination in April 25, 2009. With Bill Powell, he spoke on national issues at the ADTA annual meeting in Phoenix, Arizona, on April 17, 2009, with a talk entitled "Preemption, Shack, ADTA and the Talking Frog."   Tom has published a number of articles in national publications. He recently co-authored "A Practical Analysis of HCQUIA Immunity" in the fall 2009 edition of DRI's Defense Counsel Quarterly. "Picking Juries: Questionnaires and Beyond," with Birmingham, Alabama, attorney Randy Sellers, was published in the IADC's Defense Counsel Journal. He and Michael Hull, Austin, Texas, write "Notes from Mike and Tom," a regular column for IADC Medical Liability Committee newsletter highlighting issues of national interest to health care litigators. With DRI, he published "Buttressing Medical Reform Rules: Challenges to Affidavit of Merit Requirements," with Rob Aliff and Jennifer Mankins in the June 2008 For the Defense. He writes yearly reviews of MPLA developments for the Defense Trial Counsel of West Virginia and the West Virginia Mutual Insurance Company. He has also published and spoken frequently on the unique West Virginia version of "deliberate intention" actions as an exception to workers' compensation immunity.   He was born in Washington, D.C, and raised in Kensington, Maryland. He is active in the community. Tom serves as first vice president and chair of the appointments committee of the Thomas Hospital Foundation. 
 
Legal Experience
 
1983 - PresentJackson Kelly PLLC
1982Summer Associate, Jackson, Kelly, Holt & O'Farrell
1981Summer Clerk, Anderson, Quinn, Wyland, Yost & Scanlin, Washington, D.C.
 
Education
 
1983J.D.University of Dayton School of Law (OH) (cum laude)
1980B.S.University of Dayton (OH) (Business Administration)
 
Bar Admissions
 
1983West Virginia
 
Court Admissions
 
1991Supreme Court of the United States
1990U.S. District Court, Northern District of West Virginia
1986U.S. Court of Appeals, Fourth Circuit
1983U.S. District Court, Southern District of West Virginia

Professional Involvement:
  • West Virginia State Bar
    • Board of Governors District 8  (Kanawha County) Representative, 2002-05
    • Continuing Legal Education Committee
    • Chair, 1999-2002
    • Chair, Annual Litigation Seminar, Canaan Valley, WV, 1995-present
    • Pro Hac Vice Committee
    • Chair, 2004-05
    • Member, 2004-06
    • Reporter, Administrative Appeals Project, 2004
    • Member, Judicial Improvement, Law & Medicine Committee
    • Supreme Court Committee on Administrative Appeals Rules 2005-06
    • Project TEACH, 1992
  • Defense Trial Counsel of West Virginia
    • Past President, June 2009-present
    • 27th President, May 2009-present
    • Vice President, May, 2007-08
    • Treasurer, May, 2006-07
    • Secretary, May, 2005-06
    • Board of Governors, June, 2000-06
  • Kanawha County Bar Association
    • Executive Committee, 2001-04
  • West Virginia Bar Association
  • American Bar Association (Sections on Litigation, Health Law, Tort and Insurance; Medicine and Law Committee)
  • American College of Trial Lawyers
    • Fellow, March 10, 2007
    • Member, Judiciary Committee, 2007-present
    • Member, State Committee, June 2009-present
  • Association of Defense Trial Attorneys (ADTA)
    • Executive Committee, 2009-present
    • Marketing Committee, 2007-present
    • National Issues Committee, 2007-present
  • International Association of Defense Counsel (IADC)
    • Medical Liability Committee
  • Defense Research Institute (DRI)
    • Co-Chair, Complex Medicine Seminar, November 8, 2008, San Diego, CA
    • Member, Medical Liability and Health Care Law Annual Seminar Steering Committee 2008, 2009, 2010
    • Medical Liability Web Page Chair, 2008-present
    • Committee Member: Trial Tactics, Appellate Advocacy, Medical Liability and Health Care Law, IADC, Association of Defense Trial Attorneys, SLDO President
  • Fourth Circuit Judicial Conference, Permanent Member
  • Adjunct Assistant Professor, WVU School of Medicine (1995-present)
  • St. Thomas More Catholic Lawyers' Society
  • Special Counsel to Attorney General of Ohio, July 2003-2004
Community:

  • Thomas Hospital Foundation

    • President, January 2009-present
    • First Vice President, 2007-present 
    • Second Vice President, 2005-2007
    • Annual Gala Committee, 1999-present
    • Board of Directors, November 2002-present


  • St. Agnes Parish

    • Finance Committee 2006-present
    • Lay Chair, Bishop's Sharing Appeal, 2008
    • Parish Council, 1990-1993
    • Catechist


  • St. Agnes School
    • Finance Committee, February 2002-2006
    • Athletic Director, 2001-05
    • Basketball Coach


  • Kanawha Valley Catholic Recreational Association

    • President, 2004-2007
    • Board Member, 2001-2007


  • Camden-Clark Memorial Hospital Trust Board, 1995 - 1999
  • Youth & Government Foundation (mock trial participant)
  • Junior Achievement, Business Basics Teacher, 1988 - 1990
  • Cub Scouts, Webelos Den Leader, 1985 - 1986; 1989; Assistant, 2006-2007
  • Assistant Soccer Coach, South Hills Raiders, 1996
  • Red Chili Judge, Smoke on the Water Chili Festival, Charleston, West Virginia, June 20, 2003
  • Jackson Kelly Chili Cook Off Team 2004, 2006, 2007
  • Family Service of Kanawha Valley, Board of Directors, 1994 - 2000; 2001-2007
Awards and Honors:
  • Named by Law & Politics to the 2010 edition of West Virginia Super Lawyers®
  • DRI Exceptional Performance Citation 2008-2009, June 17, 2009
  • Member, American Board of Trial Advocates, January 23, 2010
  • Fellow, American College of Trial Lawyers, March 10, 2007
  • Board of Governors Award, Defense Trial Counsel of West Virginia, May 20, 2005 (for DTC E-List)
  • West Virginia Super Lawyers®, Law & Politics, Medical Malpractice Defense and Healthcare, 2007-present; listed as a "Top Ten" Lawyer
  • Selected by his peers for inclusion in The Best Lawyers in America®, 2005-2011
  • Ranked in Chambers USA, America's Leading Lawyers for Business in Health Care Litigation in West Virginia, 2005-2010
  • Certificate of Merit, WV State Bar Young Lawyers Section, 1991
  • American Jurisprudence Award, Federal Jurisdiction, 1983
  • Comments Editor, University of Dayton Law Review, 1982-83
  • Michael White Service Award, Delta Gamma Omega Fraternity, 1980
Medical Legal Issues:

  • Speaker, Defending Negligent Credentialing and Privileging Claims, DRI Medical Liability Seminar
  • Author, "Good Samaritan Statutes," 2009 DRI Medical Liability Compendium (to be published with Jennifer Mankins)
  • Author, "West Virginia Adopts the Continous Treatment Doctrine," The Voice (DRI, Jan 2008)
  • Co-Author (with Rob Aliff and Jennifer Mankins), "Buttressing Medical Reform Rules: Constitutional and Other Attacks on Notice of Claim and Certificate of Merit Statutes," For the Defense (June 2008)
  • Author, "Applicability of the MPLA," DTCWV Newsletter (Winter 2008)
  • Speech and Paper, "Medical Professional Liability Review," and "On the Docket," West Virginia Mutual Insurance Company, Defense Panel Forum, Charleston, West Virginia, November 15, 2007
  • Panelist, "Trends in the Court and Their Impact on West Virginia Physicians and the Care They Deliver," West Virginia State Medical Association Annual Meeting, The Greenbrier, August 25, 2007
  • Presenter, "Defending Birth Injury Cases from the Pros," Birth Injury Blockbuster Program, DRI Medical Liability Seminar, Atlanta, GA, March 7-9, 2007 ( Neonatal Issues)
  • Speaker, "Physician Testimony," Berry Hills Country Club, Charleston, West Virginia, February 13, 2007, sponsored by Thomas Hospital Foundation and West Virginia Mutual Insurance Company (with Judith A. Davis, Director of Risk, WVMIC).
  • Bi Annual Paper, "West Virginia Medical Professional Liability Review" (For DTCWV and the West Virginia Mutual Insurance Company) 
  • Article, "Everything You Wanted To Know About Liability (But Were Afraid To Ask)," West Virginia Executive Magazine Health-care Issue, p. 95, July/ August 2005
  • Article, "Things Uncovered," IADC Medical Defense Newsletter, No. 3, May 2005
  • Speech and Paper, "2004 Medical Professional Liability Review," West Virginia University/CLE Annual Litigation Seminar, Canaan Valley, WV, Feb. 4-5, 2005
  • Panelist, "The Kessel Case:  Are Exclusive Contracts Dead in West Virginia Hospitals?," West Virginia Hospital Association, Charleston, West Virginia, Nov. 10, 2004
  • Co-author,  with Rob J. Aliff, "Medical Professional Liability in West Virginia," 105 West Virginia Law Review 369, Winter 2003
  • Interviewed for Article, "Steering Clear of Malpractice Problems in Residency," American College of Physicians Observer, Sept. 2003 
  • Speech and Paper (with Gretchen M. Callas), "Dealing with the Peer Review Privilege in West Virginia and Virginia," Joint Meeting of the West Virginia and Virginia Bar Associations, The Greenbrier, White Sulphur Springs, West Virginia, July 11, 2003
  • Co-author with Gretchen M. Callas, "Dealing with the Peer Review Privilege," 2003 Defense Trial Counsel of West Virginia Annual Meeting CD (May 2003)
  • Author, "Tort Reform in West Virginia in 2003: A Review of House Bill 2122," West Virginia's New Medical Professional Liability Act," 2003 Defense Trial Counsel of West Virginia Annual Meeting CD at Tab 9 (May 2003)
  • Panelist, "Is There A Medical Malpractice Crisis in West Virginia?" Hugh O'Brien Youth Leadership, West Virginia Leadership Seminar, Charleston, West Virginia, May 16, 2003
  • Speech, "West Virginia's New Medical Professional Liability Amendments:  HB 2122," Southern West Virginia Chapter of AALNC, Charleston, West Virginia, May 1, 2003
  • Panelist, Medical Professional Liability Issues, Kanawha County Bar Association, Charleston, WV, February 13, 2003
  • Speech and Outline, "Documentation and Charting for the Future", Lorman Education Services, Charleston, West Virginia, February 6, 2002
  • "HB 601 and the Status of Tort Reform in West Virginia," Speech, Defense Trial Counsel of West Virginia, Student Chapter, Morgantown, West Virginia, October 18, 2002
  • Panelist, Medical Malpractice Tort Reform Colloquium, West Virginia University College of Law, Morgantown, West Virginia, October 16, 2002
  • Speech, "Accountability," Capital Area Radiologic Technologist's Fall Seminar, South Charleston, WV, September 28, 2002
  • Speech and Paper, "A Review of the 2001 Medical Liability Enactments (HB 601)," 2002 Defense Trial Counsel of West Virginia Annual Meeting, Lakeview Resort, Morgantown, WV, May 31, 2002
  • Panelist, "Is There a Medical Malpractice Crisis in West Virginia?",  2002 Hugh O'Brien Youth Foundation Seminar, Charleston, West Virginia, May 17, 2002
  • Paper, "The Further Performance of the Medical Professional Liability Act in the Supreme Court of Appeals of West Virginia,"  2002 Defense Trial Counsel of West Virginia Annual Seminar Notebook, June 2002 
  • Paper and Speech, "2001 Medical Professional Liability Reforms:  An Overview,"  West Virginia University/CLE Annual Litigation Seminar, Canaan Valley, WV, February 8-9, 2002
  • Guest, "Talkline," Subject:  "Medical Malpractice Crisis."  October 16, 2001
  • Speech, "Do's and Don'ts of Documentation," Thomas Hospital 12th Annual Patient Care Symposium, Charleston, West Virginia, October 10-11, 2001
  • Guest Lecture,"Medical Professional Liability,"  Masters of Legal Studies Program, West Virginia University, Charleston, WV, October 15, 2001
  • Speech, "Medical Records in Litigation," West Virginia University School of Medicine Pediatric Residents, Charleston, WV, January 2001
  • Speech, "Documentation and Communication:  The Medical Record in Litigation," Capital Area Radiologic Technologist's Winter Seminar 2001, Charleston, WV, February 2001
  • Speech, "Healthcare Issues 2000 - Documentation Workshop," Thomas Memorial Hospital Workshop, Charleston, WV, November 8-9, 2000
  • Speech and Paper, "Medical Professional Liability,"  West Virginia University/CLE Annual Litigation Seminar, Canaan Valley, WV, January 22-23, 1999
  • Workshop, "Medical Professional Liability," New River Family Health Center, Daniels, WV, January 1999
  • Speech, "Legal Issues for the Elderly," Thomas Memorial Hospital/PsyCare Mountain Retreat, Snowshoe, WV, October 1998
  • Workshop, "Legal Issues and Confidentiality Concerns,"  WV Health Information Management Association, Semi-Annual Meeting, Glade Springs Resort, Daniels, WV, May 1998
  • Workshop, "Medical Professional Liability,"  WVU Family Practice Residency Program, Charleston, WV, March 1998
  • Panelist, "Medical Records in Litigation," WV State Bar Annual Meeting, Charleston, WV, May 1997
  • Paper, "The MPLA: Ten Years Later," 1997 Defense Trial Counsel of West Virginia Annual Seminar Notebook, June 1997
  • Paper and Speech, "Release of Mental Health Patient Records,"  Medical Education Services Seminar, Charleston, WV, November 1996
  • Co-Chairman, WV CLE "Law and Medicine Seminar," Morgantown, WV, September 1996
  • Speech, "Current Legal Issues for Social Workers in West Virginia,"  National Association of Social Workers, WV Chapter, Annual Meeting, Charleston, WV - 1992, 1993, 1994, 1996, 1997, 1998, 1999
  • Speech and Panel Presentation,"Liability Concerns for Social Workers,"  University of Charleston, Charleston, WV, 1995
  • Speech, "Medical Malpractice,"  West Virginia Association of Physician's Assistants, Spring Conference, South Charleston, WV, March 30, 1995
  • Speech,"Medical Malpractice and Insurance Bad Faith,"  Mutual Assurance Lawyers' Conference, Birmingham, AL, October 1994
  • Paper and Speech, "What Morris v. Consol Means To You," Jackson & Kelly Seminar, University of Charleston, Charleston, WV, September 1994
  • Paper and Speech, "Confidentiality of Medical Records in West Virginia," WV State Bar Annual Litigation Seminar, Canaan Valley, WV, Feb. 1994
  • Paper, "A Defense Attorney's Guide to Confidentiality of Medical Records," 1993 WV D.T.C. 75, June 1993
  • Author, "Hospital Liability in West Virginia," 95 W.Va.  L. Rev. 943 (1993) (Recognized in "Worth Reading" column by Gerome Leone, National Law Journal, February 7, 1994, p. 16).
  • Paper and Speech, "Medical Malpractice in West Virginia," Jackson & Kelly Client Seminar, "Health Care in the 90's," Morgantown, Martinsburg & Charleston, WV, April 1992
  • Paper and Speech, "Medical Malpractice in West Virginia," WV State Bar Annual Meeting, Morgantown, WV, May 1992
  • Paper and Speech, "Confidentiality of Medical Records," Medical Education Services Seminar, Charleston, WV, February 1991
  • Paper and Speech, "Third Party Access to Medical Records," Lorman Business Center Seminar, Charleston, WV, October 1990
  • Paper and Speech, "Confidentiality of Psychological Records," WV Psychological Assn. Annual Meeting, Pipestem State Park, WV, October 1989
  • Paper and Speech,"Nursing Malpractice,"  Nursing & The Law '87, Charleston Area Medical Center, Charleston, WV, June 1987
Employer Liability:
  • Speech, "Deliberate Intention Litigation and Medical Monitoring," Jackson & Kelly PLLC Client Seminar, Charleston, WV, November 16, 2000
  • Paper and Speech, "Mandolidis Litigation Today,"  West Virginia State Bar Annual Litigation Seminar, Canaan Valley, WV, February 1992
  • Paper, "Mandolidis:  Here We Go Again," 1991 W.Va. D.T.C. 110 (1991)
Miscellaneous:
  • Speaker, "Telling Your Story from the Answer to the Closing Argument", Tri-State Defense Lawyers Annual Meeting, Portsmouth, NH, Sept. 12, 2009
  • Paper, Appellate Issues, DRI Punitive Damages Compendium, 2009 (with Holly DiCoco)
  • Speaker, "Telling Your Story: Direct and Cross Examination," West Virginia State Bar Annual Meeting, Oglebay Park, Wheeling, West Virginia, April 25, 2009
  • Speaker, "Preemption, Shack, ADTA and the Talking Frog," ADTA Annual Meeting, Phoenix, Arizona, April 19, 2009
  • Speaker, " The Law of Expert Witnesses in West Virginia," West Virginia University/ CLE Annual Litigation Seminar, Canaan Valley, WV, Feb. 6-7, 2009
  • Hearing on Judicial Selection, Appearance as Representative of West Virginia Bar Association Judicial Improvement Committee and Defense Trial Counsel of West Virginia President, Joint Interim Session House and Senate Judiciary Committees, West Virginia Legislature, Charleston, West Virginia, Dec. 7, 2008
  • Co Author (with Randy Sellers, Birmingham, Alabama) "Techniques for Jury Selection and Use of Jury Questionnaires," International Assoication of Defense Counsel Journal, Oct. 2008
  • Speaker (with Randy Sellers, Birmingham, Alabama) "Techniques for Jury Selection and Use of Jury Questionnaires," IADC 2008 Annual Meeting, The Greenbrier, White Sulphur Springs, WV, July 5, 2008
  • Panel Member, "Issues Facing the West Virginia bar," West Virginia Association for Justice Annual Meeting, Charleston Marriott, Charleston, West Virginia, June 12, 2008 (invited panelist as President, Defense Trial Counsel of West Virginia
  • Paper, "Some Thoughts on Issues Facing the West Virginia Bar," West Virginia Association for Justice Annual Meeting, Charleston Marriott, Charleston, West Virginia, June 12, 2008
  • Commencement Speaker, St. Agnes Middle School, June 3, 2008 (final graduating class upon closing of Middle School)
  • Panel Member, "Issues for Paralegals," Defense Trial Counsel of West Virginia Annual Meeting, Glade Springs, West Virginia, May 16, 2008
  • Panel Member, "Long Range Planning for SLDO's," DRI Central Regional Meeting, Ritz-Carlton Hotel, Cleveland Ohio, April 25, 2008
  • Speaker, "National Issues," Association of Defense Trial Attorneys Annual Meeting, Charleston , South Carolina, April 11, 2008
  • Faculty, "Opening and Closing Statements," Defense Trial Counsel of West Virginia Trial Academy, Jackson Kelly Conference Center, September 15, 2007
  • Presentation, "Review of Current Decisions of the Supreme Court of Appeals of West Virginia," Jackson Kelly General Counsel Summit, Cheat Mountain Club, September 14, 2007
  • Speech and Paper, "Judicial Disqualification and Other Impossible Positions for Defense Lawyers," ADTA Annual Meeting, San Diego, CA, April 19, 2007
  • Paper, "Musings of a Dayton Flyer on Trial Stuff," ADTA Annual Meeting, Fajardo, Puerto Rico, April 26-30, 2006
  • Speech, "Sequestration of Witnesses," Bailey & Wyant PLLC Firm Retreat, Summit Conference Center, Charleston, West Virginia, June 9, 2006
  • Paper, "Discovery Commissioners In West Virginia," Defense Trial Counsel of West Virginia Annual Notebook, May 2006
  • Moderator, Bench & Bar Meeting: Circuit Court of Kanawha County Judges, Charleston, Oct. 18, 2005
  • Mock Trial Presentations, Constitution Day, St. Agnes Middle School, Sept. 17, 2005
  • Panelist, "Expertise for Experts: Practical Pearls," International Association of Defense Counsel (IADC) 2005 Midyear Meeting, Westin Reo Mar, San Juan, Puerto Rico, February 15, 2005 (panel discussion and presentation on cross examination of expert witnesses)
  • Co-Chair, West Virginia Continuing Legal Education Mountaineer Series, "Evidence," Morgantown, W.Va.,  2004-2006
  • Moderator, Debate on the Patriot Act, Kanawha County Bar Association, Charleston, WV, May 20, 2004
  • Presentation, "Civil Justice Reform in West Virginia," Defense Research Institute Central Region Meeting, The Greenbrier, White Sulphur Springs, West Virginia, May 1, 2004
  • Moderator, Bench & Bar Meeting:  Supreme Court Candidates Forum, Joint Meeting of Kanawha County and West Virginia Bar Association, Charleston, March 18, 2004
  • Presentation (with David J. Romano, Clarksburg, West Virginia) and Paper, "Attorney Client Privilege and Work Product in Third Party Bad Faith Actions in West Virginia,"  West Virginia State Judicial Association Annual Conference, Snowshoe Resort Mountain, West Virginia, May 8, 2003
  • Speech, "Dealing with Settlement Pressure," MAWV West Virginia Defense Attorney Workshop, April 11, 2003, Charleston, West Virginia
  • Moderator, Panel Discussion of Kanawha County Judges, Kanawha County Bar Association Meeting, Charleston, West Virginia, March 20, 2003
  • Speech "Strange Cases, Rules and Other Secret Stuff I Learned By Accident," Farrell Law Firm Annual Retreat, White Sulphur Springs, West Virginia, November 8, 2002
    Testimony as representative of Defense Trial Counsel of West Virginia regarding changes in West Virginia's Wrongful Death Statute, Joint Judiciary Subcommittee B, June 14, 2002
  • Co-chair, WVU/CLE Mountaineer Series, "Litigation," Morgantown, West Virginia, October 5, 2001
  • Co-chair, WVU/CLE Mountaineer Series, "Civil Discovery," Morgantown, West Virginia, September 15-16, 2000
  • Author, "A Practical View of Farley v. Sartin," 99 W.Va. L. Rev., 263 (1997)
  • Panel Member, "A Bench and Bar Discussion on Practice Before the United States District Court for the Southern District of West Virginia," WVU/CLE, Morgantown, WV, September 1996
  • Paper and Speech, "Liability for the Torts of the Intoxicated," WVU CLE Series, WVU College of Law, Morgantown, WV, September 1990
  • Paper and Speech, "Defense Perspective on Insurance Bad Faith," " PESI Insurance Litigation Seminar, Charleston, WV, June 1990
  • Hurney & Campbell, "The Resurgence of Summary Judgment," 1988 W.Va. D.T.C. 21 (1988)
  • Co-Author, "Annual Review of Workers' Compensation Law," West Virginia State Bar Annual Meeting, 1984, 1985
  • Note, "The Adjustment of Awards for Lost Future Earning Capacity to Compensate for Inflation and Increased Productivity," 7 U. Dayton L. Rev. 139 (1981)
  • Paper and Speech, "Frivolous Litigation in West Virginia," Lorman Business Center Seminar, Charleston, WV, March 1992, April 1993
  • Paper and Speech, "Frivolous Litigation in Ohio," Lorman Business Center Seminar, Cincinnati, Ohio, December 1991
  • Hurney & Campbell, "Rule 11 Sanctions in State & Federal Courts in West Virginia," 90 W.Va. L. Rev. 417 (1988)
  • Paper and Speech, "Rule 11 Sanctions,"  West Virginia Continuing Legal Education Mountaineer Series Morgantown, W.Va.,  Sept. 1988

  • Speaker, "Telling Your Client's Story from the Answer to the Closing Argument," Tri State Defense Lawyers Association Annual Meeting, Portsmouth, New Hampshire, Sept. 12, 2009

  • Appearance as Representative of Defense Trial Counsel of West Virginia, Public Hearing, Governors' Independent Commission Judicial Reform, West Virginia College of Law, Morgantown, West Virginia, Sept. 21, 2009

  • Guest, "Talkline," Subject: Judicial Selection, September 24, 2009