Thomas J. Hurney, Jr.

BIOGRAPHY
Phone: (304) 340-1346 | Fax: (304) 340-1050 | Email: thurney@jacksonkelly.com
500 Lee Street East, Suite 1600, Charleston, WV 25301-3202


Thomas J. Hurney, Jr., has over thirty-four years of experience as a trial lawyer, handling a wide variety of civil actions involving serious personal injury and wrongful death. He is the President of the Association of Defense Trial Attorneys (ADTA), a select group of trial lawyers whose membership is limited to one lawyer in any city with population up to one million persons. Mr. Hurney has handled and tried to verdict cases involving health care liability and medical negligence, products liability, insurance bad faith, breach of contract and property law issues. He has significant experience defending industrial injury and "deliberate intention" actions, as well as environmental and commercial litigation. Mr. Hurney recently led the defense team in a large class action related to water contamination.

Mr. Hurney's health care practice includes defending medical professional liability actions, and other health care litigation, including negligent credentialing and privileging, peer review and licensing issues and administrative investigations. He worked on the legislative reforms to the MPLA in 2001, 2003 and 2015, and has written extensively on medical professional liability, including three law review articles. In August 2014, he was presented with the Robert L. Ghiz Award for Outstanding Service to the Physician Community of West Virginia for his work on legislative reform.

Mr. Hurney has an active appellate practice, appearing before the West Virginia Supreme Court of Appeals over twenty times. He defended, on appeal, the constitutionality of medical malpractice "caps" in McDonald v. City Hospital and has appeared for parties and amicus curiae in a wide variety of health care, products liability and deliberate intention cases.

Mr. Hurney has a long history of activity in and recognition by select legal organizations. He is a Fellow of the American College of Trial Lawyers (ACTL), an Advocate of American Board of Trial Advocates (ABOTA), and a Fellow of the Litigation Counsel of America. He is consistently rated AV Preeminent by Martindale-Hubbell and has been recognized in various peer publications, including The Best Lawyers in America®, Chambers USA - America's Leading Business Lawyers, 2013 BTI Client Service A Team and Benchmark Litigation. Benchmark noted he "has widely been recognized across the state for his trial practice." Super Lawyers® has recognized him as a “Top Ten” West Virginia Lawyer since 2008, and their 2012 West Virginia publication featured an article about Mr. Hurney and his grandmother, who received her law degree in 1938.

Mr. Hurney is active in various bar and state and national legal associations. He was elected President of the ADTA in April 2017. He also serves on the Board of Directors of DRI. He is a member of the International Association of Defense Counsel (IADC) and the Federation of Defense and Corporate Counsel (FDCC). He is a past President of the Defense Trial Counsel of West Virginia, which presented him with its first Lawyer of the Year Award in 2014. He served on the Board of Governors of the West Virginia State Bar and on the Executive Committee of the Kanawha County Bar Association. He has served on and chaired various State Bar committees, particularly its Continuing Legal Education Committee, running its Annual Litigation Seminar for twenty years.

Mr. Hurney is a frequent speaker. In 2017, he spoke on high-profile litigation at the DRI Women and the Law seminar, on defending Life Care Plans at DRI’s Medical Liability and Health Care Law seminar and about his grandmother’s career to the FDCC’s first Women’s Forum. He served as a member of the Faculty of the 2014 IADC Trial Academy (the Pen-Hooligans). He has published and spoken at seminars on trial practice and jury selection, defending negligent credentialing and privileging actions against hospitals and defending obstetrical malpractice claims. He has spoken before state bar and defense organizations in several states, including New Hampshire, Maine, Ohio, Vermont, Alabama, Iowa, Utah and West Virginia.

Mr. Hurney graduated from the University of Dayton with a Bachelor of Science in Business Administration (Management) in 1980 and a Juris Doctor in 1983. At the UD School of Law, he was the Comments Editor of the Law Review, published an article and graduated with honors. In May of 2011, he was presented the Francis J. Conte Award for service to the law school by its alumni association.


        

 

       


 

 
     
      

 
Legal Experience
 
1983 - PresentJackson Kelly PLLC
1982Jackson, Kelly, Holt & O'Farrell, Summer Associate
1981Anderson, Quinn, Wyland, Yost & Scanlin, Washington, D.C., Summer Clerk
 
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:
  • American Civil Trial Bar Roundtable
    • ADTA Representative, 2015-present
  • American College of Trial Lawyers, Fellow, 2007
    • Member, Judiciary Committee, 2007-12
    • West Virginia State Committee, Member, 2009-present; Vice Chair, 2011-12; Chair, 2013-16
  • American Board of Trial Advocates, Advocate, 2010
  • Litigation Counsel of America, Fellow, 2017
  • Association of Defense Trial Attorneys (ADTA), Member, 1992
    • President-Elect, April 2016-present
    • Vice President, 2015-16
    • Secretary, 2012-15
    • Executive Council, April 2009-12
    • Marketing Committee, 2007-12
    • National Issues Committee, 2007-12
    • Annual Meeting Committee, 2014-present
  • Defense Research Institute (DRI)
    • Board of Directors, Oct. 2016-present
    • Co-Chair, Complex Medicine Seminar, Nov. 8, 2008, San Diego, California
    • Member, Medical Liability and Health Care Law Annual Seminar Steering Committee, 2008-present
    • Committees: Trial Tactics, Appellate Advocacy, Medical Liability and Health Care Law, IADC, Association of Defense Trial Attorneys
  • Federation of Defense and Corporate Counsel (FDCC), Member, 2017
  • International Association of Defense Counsel (IADC), Member, 2004
    • Trial Academy Faculty, 2014
    • Medical Liability Committee
  • Defense Trial Counsel of West Virginia
    • 27th President, 2008-09
    • Vice President, 2007-08
    • Treasurer, 2006-07
    • Secretary, 2005-06
    • Board of Governors, 2000-06
  • American Bar Foundation, Fellow, 2013
  • West Virginia Bar Foundation, Fellow, 2013
  • Fourth Circuit Judicial Conference, Permanent Member
  • American Bar Association
    • Sections on Litigation, Health Law, Tort and Insurance
    • Medicine and Law Committee
  • 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, West Virginia, 1995-present
    • Pro Hac Vice Committee
      • Chair, 2004-05
      • Member, 2004-06
    • Member, Judicial Improvement, Law & Medicine Committee
    • Supreme Court Committee on Administrative Appeals Rules, 2005-06
    • Project TEACH, 1992
  • Kanawha County Bar Association
    • Executive Committee, 2001-04
  • West Virginia Bar Association, Member
  • Adjunct Assistant Professor, WVU School of Medicine (1995-present)
  • St. Thomas More Catholic Lawyers' Society
  • Special Counsel to Attorney General of Ohio, July 2003-04

Community:
  • Legal Aid of West Virginia
    • Campaign Co-Chair, 2015-16
  • Thomas Hospital Foundation
    • President, Jan. 2009-11
    • First Vice President, 2007-08 
    • Second Vice President, 2005-07
    • Annual Gala Committee, 1999-present
    • Board of Directors, Nov. 2002-11
  • St. Agnes Parish
    • Finance Committee, 2006-present
    • Lay Chair, Bishop's Sharing Appeal, 2008
    • Parish Council, 1990-93  
  • St. Agnes School
    • Finance Committee, Feb. 2002-06
    • Athletic Director, 2001-05
    • Basketball Coach
  • Kanawha Valley Catholic Recreational Association
    • President, 2004-07
    • Board Member, 2001-07
  • Camden-Clark Memorial Hospital Trust Board, 1995-99
  • Youth & Government Foundation (mock trial participant)
  • Junior Achievement, Business Basics Teacher, 1988-1990
  • Cub Scouts, Webelos Den Leader, 1985-86; 1989; Assistant, 2006-07
  • Assistant Soccer Coach, South Hills Raiders, 1996
  • Red Chili Judge, Smoke on the Water Chili Festival, Charleston, West Virginia, 2003
  • Family Service of Kanawha Valley, Board of Directors, 1994-2000; 2001-07

Teaching and Lecturing:
  • Panel Member, "How to De-Bunk and Explain Plaintiff's Voodoo Economics to Juries in Catastrophic Injury Cases," International Association of Defense Counsel Annual Meeting, Quebec City, Quebec, Canada, July 11, 2017
  • Panel Member, Advanced Trial Tactics, Association of Defense Trial Attorneys, Annual Meeting, Nashville, Tennessee, April 20, 2017
  • Speaker, "A Tribute to Lorraine Wall Hurney," FDCC Women's Forum, Charleston, South Carolina, March 5, 2017
  • Speaker, "Defending Against Life Care Plans," DRI Medical Liability and Health Care Seminar, Las Vegas, Nevada, March 2-3, 2017
  • Speaker, "Litigating Cases in the Spotlight," DRI Women in the Law Seminar, Scottsdale, Arizona, Feb. 1-3, 2017
  • Panelist, "Using Voluntary Bar Associations to Grow Your Practice," Defense Trial Counsel of West Virginia Annual Meeting, Myrtle Beach, South Carolina, June 13, 2016
  • Faculty, DRI Deposition Institute, Chicago, Illinois, April 26-29, 2016
  • Speaker, "Big Data & You: Practicing Law in the Age of Unlimited Information," West Virginia State Bar Annual Conference and Meeting, The Greenbrier, White Sulphur Springs, West Virginia, April 4, 2016
  • Speaker, "Defending Inflated Life Care Plans," International Association of Defense Counsel Mid-Year Meeting, Pebble Beach, California, Feb. 23, 2016
  • Speaker, "Big Data II," West Virginia Society of Certified Public Accountants Legislative Conference, Charleston, West Virginia, Jan. 25, 2016
  • Faculty, DRI Deposition Institute, Chicago, Illinois, Sept. 8-11, 2015
  • Panelist, Courtwatch:  Key Supreme Court Decisions and Intermediate Appellate Court, West Virginia Chamber of Commerce Annual Meeting and Business Summit, The Greenbrier, White Sulphur Springs, West Virginia, Sept. 2-4, 2015
  • Panelist, Medical Malpractice Institute, National Association of Paralegals, 40th Annual Convention, Tulsa, Oklahoma, July 22-24, 2015
  • Speaker, "Medical Liability Reform in 2015," Defense Trial Counsel of West Virginia Annual Meeting, Oglebay Park, Wheeling, West Virginia, June 18, 2015
  • Speaker, "Big Data," West Virginia Society of Certified Public Accountants Annual Meeting, The Greenbrier, White Sulphur Springs, West Virginia, June 17, 2015
  • Speaker, "Product Misuse and the Internet," DRI Product Liability Conference, Las Vegas, Nevada, Feb. 4, 2015
  • Presentation with Christopher Parkerson (Boston, Massachusetts), Closing Arguments, International Association of Defebse Counsel Trial Academy, Stanford, California, July 30, 2014
  • Faculty, 42nd Annual Trial Academy, International Association of Defense Counsel, Stanford, California, July 26-Aug. 1, 2014
  • Speaker, "The Good News Blues: Cross of the Shaky but Admissible Expert," Association of Defense Trial Attorneys, Annual Meeting, Vancouver, B.C., April 23, 2014
  • Speaker, Jury Selection, Utah Defense Lawyers’ Association, Annual CLE, Salt Lake City, Utah, May 8, 2014 (DRI sponsored)
  • Various presentations to Jackson Kelly PLLC Litigation A Practice Group (Young Lawyers) on trial practice, discovery and case handling, business development and ethics (2010-14)
  • Panelist & Speaker, “Just Do It:  Training Young Lawyers,” Association of Defense Trial Attorneys, Annual Meeting, The Greenbrier, White Sulphur Springs, West Virginia, April 23, 2013
  • Webinar Panelist (with Ed Birk, Jacksonville, FLA), “Deposing the Plaintiff,” Association of Defense Trial Attorneys Webinar Series, Aug. 17, 2011
  • Speaker, “Danger Will Robinson! Discovery Sanctions under Rule 26(b),” West Virginia Continuing Legal Education, Annual Litigation Seminar, Canaan Valley, West Virginia, Feb. 22-23, 2013
  • Speaker (with Marc Williams, Huntington, W.Va.), “Climbing Out of the Hellhole:  Civil Justice Reform in West Virginia, West Virginia Chamber of Commerce 2013 Annual Meeting and Business Summit, The Greenbrier, White Sulphur Springs, West Virginia, Aug. 28-30, 2013
  • Speaker (with Marc Williams, Huntington, W.Va.), “Climbing Out of the Hellhole: Litigation Reforms in West Virginia,” Defense Trial Counsel of West Virginia Annual Meeting, Myrtle Beach, South Carolina, June 9-12, 2013
  • Speaker, “Great Work Product,” JK Summer Clerk Orientation, June 5, 2013
  • Speaker, "Medical Professional Liability Year in Review," West Virginia CLE, Annual Health Law Seminar, 2010-14
  • Speaker, "Effective Use of Medical Literature," Defense Trial Counsel Annual Meeting, The Greenbrier, White Sulphur Springs, West Virginia, June 14, 2012
  • Speaker, "The Fabric of a Trial:  Wearing the Tapestry from Voir Dire Through Examination to Final Argument," DRI Trial Tactics Seminar, Las Vegas, Nevada, March 2012
  • Speaker, "Effective Presentation of the Standard of Care, 28th Annual Conference on Obstetrics, Gynecology, Perinatal Medicine, Neonatology and the Law, Boston University School of Medicine, Costa Rica, Jan. 2012
  • Speaker, "Punitive Damages," Edison Electric Institute 2011 Claims Committee Meeting, Sept. 18-21, 2011, Sante Fe, New Mexico
  • Speaker, "Telling Stories: Closing Arguments and the Talking Frog," Iowa Defense Counsel Association, Sept. 16, 2011, Des Moines, Iowa (DRI sponsored)
  • Speaker, "Telling the Story in the Closing Argument," 2011 West Virginia State Bar Annual Meeting, Charleston, West Virginia, April 18, 2011
  • Speaker, "Health Law and Litigation," West Virginia Medical Group Management Association Spring Conference, March 11, 2011
  • Guest, "Talkline," Subject:  Judicial Selection, Sept. 24, 2009
  • Appearance as Representative of Defense Trial Counsel of West Virginia, Public Hearing, Governors' Independent Commission Judicial Reform, West Virginia University College of Law, Morgantown, West Virginia, Sept. 21, 2009
  • Speaker, "Telling Your Client's Story from the Answer to the Closing Argument," Tri-State Defense Lawyers Annual Meeting, Portsmouth, New Hampshire, Sept. 12, 2009 (DRI sponsored)
  • 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, West Virginia, 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
  • Speaker (with Randy Sellers, Birmingham, Alabama), "Techniques for Jury Selection and Use of Jury Questionnaires," IADC 2008 Annual Meeting, The Greenbrier, White Sulphur Springs, West Virginia, 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)
  • 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
  • Speech and Paper, "Medical Professional Liability Review," and "On the Docket," West Virginia Mutual Insurance Company, Defense Panel Forum, Charleston, West Virginia, Nov. 15, 2007
  • Faculty, "Opening and Closing Statements," Defense Trial Counsel of West Virginia Trial Academy, Jackson Kelly Conference Center, Sept. 15, 2007
  • Presentation, "Review of Current Decisions of the Supreme Court of Appeals of West Virginia," Jackson Kelly General Counsel Summit, Cheat Mountain Club, Sept. 14, 2007
  • Speaker, Defending Negligent Credentialing and Privileging Claims, DRI Medical Liability Seminar
  • 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, White Sulphur Springs, West Virginia, Aug. 25, 2007
  • Speech and Paper, "Judicial Disqualification and Other Impossible Positions for Defense Lawyers," ADTA Annual Meeting, San Diego, California, April 19, 2007
  • Panel Member, "Defending Birth Injury Cases from the Pros," Birth Injury Blockbuster Program, DRI Medical Liability Seminar, Atlanta, Georgia, March 7-9, 2007 (Neonatal Issues)
  • Speaker, "Physician Testimony," Berry Hills Country Club, Charleston, West Virginia, Feb. 13, 2007, sponsored by Thomas Hospital Foundation and West Virginia Mutual Insurance Company (with Judith A. Davis, Director of Risk, WVMIC)
  • Speaker, "Sequestration of Witnesses," Bailey & Wyant PLLC Firm Retreat, Summit Conference Center, Charleston, West Virginia, June 9, 2006
  • Co-chair, West Virginia Continuing Legal Education Mountaineer Series, "Evidence," Morgantown, West Virginia, 2004-2006
  • Moderator, Bench & Bar Meeting:  Circuit Court of Kanawha County Judges, Charleston, West Virginia, 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, Peurto Rico, Feb. 15, 2005 (panel discussion and presentation on cross examination of expert witnesses)
  • Speech and Paper, "2004 Medical Professional Liability Review," West Virginia University/CLE Annual Litigation Seminar, Canaan Valley, West Virginia, Feb. 4-5, 2005
  • Panel Member, "The Kessel Case:  Are Exclusive Contracts Dead in West Virginia Hospitals?," West Virginia Hospital Association, Charleston, West Virginia, Nov. 10, 2004
  • Moderator, Debate on the Patriot Act, Kanawha County Bar Association, Charleston, West Virginia, 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, West Virginia, March 18, 2004
  • 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
  • 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
  • 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, "West Virginia's New Medical Professional Liability Amendments:  HB 2122," Southern West Virginia Chapter of AALNC, Charleston, West Virginia, May 1, 2003
  • Speech, "Dealing with Settlement Pressure," MAWV West Virginia Defense Attorney Workshop, Charleston, West Virginia, April 11, 2003
  • Moderator, Panel Discussion of Kanawha County Judges, Kanawha County Bar Association Meeting, Charleston, West Virginia, March 20, 2003
  • Panelist, Medical Professional Liability Issues, Kanawha County Bar Association, Charleston, West Virginia, Feb. 13, 2003
  • Speech, "Strange Cases, Rules and Other Secret Stuff I Learned By Accident," Farrell Law Firm Annual Retreat, White Sulphur Springs, West Virginia, Nov. 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
  • Speech and Outline, "Documentation and Charting for the Future," Lorman Education Services, Charleston, West Virginia, Feb. 6, 2002
  • Speech, "HB 601 and the Status of Tort Reform in West Virginia," Defense Trial Counsel of West Virginia, Student Chapter, Morgantown, West Virginia, Oct. 18, 2002
  • Panelist, Medical Malpractice Tort Reform Colloquium, West Virginia University College of Law, Morgantown, West Virginia, Oct. 16, 2002
  • Speech, "Accountability," Capital Area Radiologic Technologist's Fall Seminar, South Charleston, West Virginia, Sept. 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, West Virginia, 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
  • Speech and Paper, "2001 Medical Professional Liability Reforms:  An Overview,"  West Virginia University/CLE Annual Litigation Seminar, Canaan Valley, West Virginia, Feb. 8-9, 2002
  • Guest, "Talkline," Subject:  "Medical Malpractice Crisis."  Oct. 16, 2001
  • Speech, "Do's and Don'ts of Documentation," Thomas Hospital 12th Annual Patient Care Symposium, Charleston, West Virginia, Oct. 10-11, 2001
  • Guest Lecture,"Medical Professional Liability,"  Masters of Legal Studies Program, West Virginia University, Charleston, West Virginia, Oct. 15, 2001
  • Co-chair, WVU/CLE Mountaineer Series, "Litigation," Morgantown, West Virginia, Oct. 5, 2001
  • Speech, "Medical Records in Litigation," West Virginia University School of Medicine Pediatric Residents, Charleston, West Virginia, Jan. 2001
  • Speech, "Documentation and Communication:  The Medical Record in Litigation," Capital Area Radiologic Technologist's Winter Seminar 2001, Charleston, West Virginia, Feb. 2001
  • Speech, "Deliberate Intention Litigation and Medical Monitoring," Jackson & Kelly PLLC Client Seminar, Charleston, West Virginia, Nov. 16, 2000
  • Speech, "Healthcare Issues 2000 - Documentation Workshop," Thomas Memorial Hospital Workshop, Charleston, West Virginia, Nov. 8-9, 2000
  • Co-chair, WVU/CLE Mountaineer Series, "Civil Discovery," Morgantown, West Virginia, Sept. 15-16, 2000
  • Speech and Paper, "Medical Professional Liability,"  West Virginia University/CLE Annual Litigation Seminar, Canaan Valley, West Virginia, Jan. 22-23, 1999
  • Workshop, "Medical Professional Liability," New River Family Health Center, Daniels, West Virginia, Jan. 1999
  • Speech, "Legal Issues for the Elderly," Thomas Memorial Hospital/PsyCare Mountain Retreat, Snowshoe, West Virginia, Oct. 1998
  • Workshop, "Legal Issues and Confidentiality Concerns,"  WV Health Information Management Association, Semi-Annual Meeting, Glade Springs Resort, Daniels, West Virginia, May 1998
  • Workshop, "Medical Professional Liability,"  WVU Family Practice Residency Program, Charleston, West Virginia, March 1998
  • Panelist, "Medical Records in Litigation," WV State Bar Annual Meeting, Charleston, West Virginia, May 1997
  • Speech and Paper, "Release of Mental Health Patient Records,"  Medical Education Services Seminar, Charleston, West Virginia, Nov. 1996
  • 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, West Virginia, Sept. 1996
  • Co-chairman, WV CLE "Law and Medicine Seminar," Morgantown, West Virginia, Sept. 1996
  • Speech, "Current Legal Issues for Social Workers in West Virginia,"  National Association of Social Workers, WV Chapter, Annual Meeting, Charleston, West Virginia, 1992, 1993, 1994, 1996, 1997, 1998, 1999
  • Speech and Panel Presentation,"Liability Concerns for Social Workers,"  University of Charleston, Charleston, West Virginia, 1995
  • Speech, "Medical Malpractice,"  West Virginia Association of Physician's Assistants, Spring Conference, South Charleston, West Virginia, March 30, 1995
  • Speech,"Medical Malpractice and Insurance Bad Faith,"  Mutual Assurance Lawyers' Conference, Birmingham, Alabama, Oct. 1994
  • Speech and Paper, "What Morris v. Consol Means To You," Jackson & Kelly Seminar, University of Charleston, Charleston, West Virginia, Sept. 1994
  • Speech and Paper, "Confidentiality of Medical Records in West Virginia," WV State Bar Annual Litigation Seminar, Canaan Valley, West Virginia, Feb. 1994
  • Speech and Paper, "Frivolous Litigation in West Virginia," Lorman Business Center Seminar, Charleston, West Virginia, March 1992, April 1993
  • Speech and Paper, "Medical Malpractice in West Virginia," Jackson & Kelly Client Seminar, "Health Care in the 90's," Morgantown, Martinsburg & Charleston, West Virginia, April 1992
  • Speech and Paper, "Medical Malpractice in West Virginia," WV State Bar Annual Meeting, Morgantown, West Virginia, May 1992
  • Speech and Paper, "Mandolidis Litigation Today,"  West Virginia State Bar Annual Litigation Seminar, Canaan Valley, West Virginia, Feb. 1992
  • Speech and Paper, "Frivolous Litigation in Ohio," Lorman Business Center Seminar, Cincinnati, Ohio, Dec. 1991
  • Speech and Paper, "Confidentiality of Medical Records," Medical Education Services Seminar, Charleston, West Virginia, Feb. 1991
  • Speech and Paper, "Third Party Access to Medical Records," Lorman Business Center Seminar, Charleston, West Virginia, Oct. 1990
  • Speech and Paper, "Liability for the Torts of the Intoxicated," WVU/CLE Series, WVU College of Law, Morgantown, West Virginia, Sept. 1990
  • Speech and Paper, "Defense Perspective on Insurance Bad Faith," PESI Insurance Litigation Seminar, Charleston, West Virginia, June 1990
  • Speech and Paper, "Confidentiality of Psychological Records," WV Psychological Assn. Annual Meeting, Pipestem State Park, West Virginia, Oct. 1989
  • Speech and Paper, "Rule 11 Sanctions," West Virginia Continuing Legal Education Mountaineer Series, Morgantown, West Virginia, Sept. 1988
  • Speech and Paper,"Nursing Malpractice,"  Nursing & The Law '87, Charleston Area Medical Center, Charleston, West Virginia, June 1987

Writings and Publications:
  • Author, "Supreme Court of Appeals of West Virginia Affirms Evidentiary Rulings Prohibiting “Reptile” Tactics," The Voice, (DRI, Sept. 2017)
  • Co-author with Jennifer Mankins, "Medical Professional Liability in West Virginia," Part II, 114 West Virginia Law Review 573 (Winter 2012)
  • Co-author with Jennifer Mankins, "Supreme Court of Appeals of West Virginia Upholds Non-economic Damages Cap," 2011 Physician Insurer (2nd Quarter 2011) (published by PIAA)
  • Co-author with Kellie Clark, "State ex rel State Farm v. Bedell:  The Scope of Protective Orders for Medical Records," Law360, April 2011
  • Co-author with Ryan E. Voelker, "Willey v. Bracken:  The Erosion of the 'Borrowing' Statute?," Law360, Feb. 2011
  • Co-author with Phil Willman and others, "Coupling Evidentiary and Procedural Tools:  Defending Negligent Credentialing Cases," Medical Liability and Healthy Care Law For The Defense, July 2010
  • Co-author with Rick Jones and others, "Peer Review:  A Practical Analysis of HCQIA Immunity," Medical Liability and Health Care Law In-House Defense Quarterly, Fall 2009
  • Co-author, Appellate Issues, DRI Punitive Damages Compendium, 2009
  • Co-author (with Randy Sellers, Birmingham, Alabama) "Techniques for Jury Selection and Use of Jury Questionnaires," International Association of Defense Counsel Journal, Oct. 2008
  • Author, "Good Samaritan Statutes," 2009 DRI Medical Liability Compendium (to be published with Jennifer Mankins)
  • Author, "Some Thoughts on Issues Facing the West Virginia Bar," West Virginia Association for Justice Annual Meeting, Charleston Marriott, Charleston, West Virginia, June 12, 2008
  • 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)
  • Bi-annual Paper, "West Virginia Medical Professional Liability Review" (For DTCWV and the West Virginia Mutual Insurance Company) (2006-present)
  • Paper, "Discovery Commissioners In West Virginia," Defense Trial Counsel of West Virginia Annual Notebook, May 2006
  • Paper, "Musings of a Dayton Flyer on Trial Stuff," ADTA Annual Meeting, Fajardo, Puerto Rico, April 26-30, 2006
  • Article, "Everything You Wanted To Know About Liability (But Were Afraid To Ask)," West Virginia Executive Magazine Health-care Issue, p. 95, July/Aug. 2005
  • Article, "Things Uncovered," IADC Medical Defense Newsletter, No. 3, May 2005
  • Co-author, with Rob J. Aliff, "Medical Professional Liability in West Virginia," 105 West Virginia Law Review 369, Winter 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)
  • 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
  • Author, "A Practical View of Farley v. Sartin," 99 W.Va. L. Rev., 263 (1997)
  • Paper, "The MPLA: Ten Years Later," 1997 Defense Trial Counsel of West Virginia Annual Seminar Notebook, June 1997
  • 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, Feb. 7, 1994, p. 16)
  • Paper, "Mandolidis:  Here We Go Again," 1991 W.Va. D.T.C. 110 (1991)
  • Hurney & Campbell, "Rule 11 Sanctions in State & Federal Courts in West Virginia," 90 W.Va. L. Rev. 417 (1988)
  • 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)

 


Awards and Honors:
  • Recipient of the 2017 Defense Trial Counsel of West Virginia Diplomat Award
  • Named in the 2017 edition of West Virginia Super Lawyers® for Environmental Litigation Law
  • Named the Best Lawyers' 2017 Charleston, West Virginia, Health Care Law "Lawyer of the Year"
  • Recipient of the 2014 Robert L. Ghiz Award for service to the West Virginia Physician Community
  • Named in the 2014 - 2017 editions of West Virginia Super Lawyers® for Personal Injury Medical Malpratice: Defense Law
  • Presented with the "West Virginia Defense Lawyer of the Year" by the Defense Trial Counsel of West Virginia, May 15, 2014
  • Named in the Litigation Section of Super Lawyers® Business Edition for Personal Injury Defense: Medical Malpractice, 2013 - 2017
  • Named in West Virginia Super Lawyers® for Medical Malpractice Defense and Healthcare, 2007 - present; listed as a "Top Ten" Lawyer, 2008 - 2017
  • Named the Best Lawyers' 2014 Charleston, WV Personal Injury Litigation - Defendants "Lawyer of the Year"
  • Recognized as "Local Litigation Star" in West Virginia section of Benchmark Litigation, 2011 - 2018
  • 2011 University of Dayton School of Law Alumni Association Dean Francis J. Conte Special Award
  • DRI Exceptional Performance Citation 2008 - 2009, presented June 17, 2009
  • Associate, 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)
  • Named in The Best Lawyers in America® for Health Care Law, Medical Malpractice Law - Defendants and Personal Injury Litigation - Defendants, 2005 - 2018
  • Ranked in Chambers USA, America's Leading Lawyers for Business in Litigation: Healthcare Law in West Virginia, 2005 - 2017
  • 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
Jackson Kelly Printer Friendly Bio: Thomas J. Hurney, Jr.