Michael T. Cimino

BIOGRAPHY
Phone: (304) 340-1299 | Fax: (304) 340-1050 | Email: mcimino@jacksonkelly.com
500 Lee Street East, Suite 1600, Charleston, WV 25301-3202


Michael T. Cimino is a Member of the Firm and Chair of the Occupational Safety and Health Practice Group. Mr. Cimino represents mining, construction, manufacturing and general industry clients in compliance and regulatory matters, civil and criminal enforcement matters, accident investigations, whistleblower and discrimination claims. He has extensive experience litigating cases under the Federal Mine Safety and Health Act and the Occupational Safety and Health Act. He also represents defendants in litigation, with emphases on deliberate intent, premises liability and toxic tort.

Select Representative Experience:
 

  • Represented mining operators and contractors in litigation of multi-citation/order enforcement actions under the Federal Mine Safety and Health Act (“MSHA”) in all regions of the United States
  • Represented various employers in OSHA and MSHA fatality and accident investigations
  • Represented employers in discrimination and whistleblower investigations, temporary reinstatement proceedings and hearings
  • Represented agents of mining operators in civil proceedings
  • Represented mining operator in first trial involving MSHA’s revised Pattern of Violation rule
  • Litigated a 104(d)(1) citation issued after fatality to a cement operator that resulted in vacation of the citation
  • Litigated two citations issued by MSHA to two different operators in an attempt by MSHA to broaden its workplace examination requirement to elevators.  Both citations were vacated by the Administrative Law Judge
  • Represented a major utility during OSHA investigation of a transmission tower collapse that resulted in no citations issued to the utility
  • Represented a major hotel chain during an OSHA fatality investigation that resulted in no citations issued by the agency
  • Represented construction companies cited for improper excavation and trenching
  • Represented chemical manufacturer during OSHA investigation of fatality caused by chemical exposure
  • Represented cement manufacturers in defense of all types of citations and orders


Mr. Cimino was recognized as a litigation star in the West Virginia section of Benchmark Litigation for his work in workplace safety. In addition, he has been named to Woodward/White's The Best Lawyers in America® since 2009 and has been in the Chambers USA list of America's Leading Lawyers for Business.

Mr. Cimino is active in the Defense Trial Counsel of West Virginia. He was President of the Defense Trial Counsel from 2012-2013. He was a member of the Board of Governors of the Defense Trial Counsel from 2002-2012. He is also a member of the Defense Research Institute, the Association of Defense Trial Attorneys, the Energy & Mineral Law Foundation, the West Virginia Coal Association and the Kentucky Coal Association.

Mr. Cimino has been an adjunct professor at the University of Charleston, where he taught civil procedure, among other courses.

Mr. Cimino obtained a degree in finance, with a minor in government, from the University of Notre Dame in 1989. He received his Juris Doctor from West Virginia University College of Law in 1993 and was a Student Works Editor of the Law Review.

                        

 
Legal Experience
 
1993 - PresentJackson Kelly PLLC
1992Jackson & Kelly, Summer Associate
1991Jackson & Kelly, Summer Associate
 
Education
 
1993J.D.West Virginia University College of Law
1989B.B.A.University of Notre Dame (IN) (Finance)
 
Bar Admissions
 
1993West Virginia
 
Court Admissions
 
1996U.S. Court of Appeals, Fourth Circuit
1994U.S. District Court, Northern District of West Virginia
1993U.S. District Court, Southern District of West Virginia
1993West Virginia Supreme Court of Appeals

Professional Involvement:
  • President of the West Virginia Defense Trial Counsel Board of Governors, 2012-2013
  • American Bar Association, Occupational Safety and Health Committee
  • Kanawha County Bar Association
  • West Virginia Defense Trial Counsel, Board of Governors, 2002-present
  • West Virginia Defense Trial Counsel, Safety and Health Committee Chairman
  • Adjunct Faculty, University of Charleston

Teaching and Lecturing:
  • "Emerging Issues with MSHA," Defense Trial Counsel of West Virginia 30th Annual Meeting, June 2012
  • Medical and Professional Liability Issues, Workshop for the New River Family Health Center, Jan. 1999

Writings and Publications:
  • Criminal Prosecution of Workplace Safety Violations, 94 W.Va. Law Review 1007 (Summer 1992)
  • Prosecutorial Discretion under the Federal Sentencing Guidelines: Is the Fox Guarding the Henhouse?, 97, W.Va. Law Review (Spring 1995)

Awards and Honors:
  • Recognized as "Local Litigation Star" in West Virginia Section of Benchmark Litigation, 2010-2018
  • Selected by his peers for inclusion in The Best Lawyers in America® for Mining Law and Natural Resources Law, 2009-2018
  • Recipient, Paul Selby Scholarship, 1990-1993
  • Recipient Philip Hill Memorial Scholarship, 1990-1993
  • West Virginia Law Review, Member 1991-1992, Student Works Editor 1992-1993
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