Seth P. Hayes

Member

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Seth P. Hayes

Member

(O) : 304.284.4150

 PDF

Seth P. Hayes serves as an Assistant Managing Member of the Firm and practices in the Coal, Education, and Energy industry groups, focusing primarily on high-value commercial and civil litigation. He is also the Chair of the Firm’s Litigation Practice Group and works out of the Firm’s office in Morgantown, West Virginia.

Bio

Seth represents a variety of large and small companies, private individuals, and financial institutions in complex commercial litigation and arbitration matters involving breach of contract, breach of fiduciary duty, fraud, business torts, and business dissolutions.  Seth also represents companies in litigation arising from catastrophic injuries, especially in the coal, electric utility, oil and gas, and other energy-related industries.  Clients turn to Seth when faced with high-stakes litigation, and he understands the reputational risks that accompany high-profile litigation. He advises his clients on reputation management issues and devises creative, successful litigation strategies for his clients.  Ultimately, Seth believes the best litigation strategy is an effective trial strategy, and he develops every case with an eye towards trial. He has tried numerous cases to verdicts in both West Virginia and Pennsylvania, and he has represented clients in front of commercial arbitration panels.  Seth also represents clients in appellate proceedings, has argued before appellate courts in West Virginia and Maryland, as well as the United States Court of Appeals of the Fourth Circuit.

A West Virginia University graduate, Seth enjoys going to Mountaineer sporting events and spending time hiking, camping, and skiing with his family. He is a graduate of Leadership Monongalia and Leadership West Virginia and serves on the Board of Directors for United Way of Monongalia and Preston Counties.

Education
  • West Virginia University College of Law (J.D., 2006)
  • West Virginia University (B.A. in Foreign Languages, 2001)
  • West Virginia University (B.S. in Finance, 2001)
Admissions
  • Pennsylvania (2007)
  • West Virginia (2007)
  • U.S. Court of Appeals, Fourth Circuit
  • West Virginia Supreme Court of Appeals
  • U.S. District Court, Southern District of West Virginia
  • U.S. District Court, Northern District of West Virginia
Work History
  • Jackson Kelly PLLC (2007-Present)
  • Honorable David A. Faber of the United States District Court for the Southern District of West Virginia, Clerk (2006)
  • Owens Corning, Financial Analyst (2002-2003)
Professional Organizations
  • Defense Trial Counsel of West Virginia
  • WV Bar Foundation Fellow (2026)
Community
  • United Way of Monongalia and Preston Counties, Vice President of the Board of Directors
  • Morgantown Chamber of Commerce, Member
  • Leadership Monongalia
  • Leadership West Virginia
  • North Central West Virginia Girls’ Basketball League, Coach
  • Volunteer Coach with Mountaineer United Soccer Club
Awards
  • Selected by his peers for inclusion in The Best Lawyers in America® for Commercial Litigation (2016‑2027); Litigation – Construction (2027)
  • Named in the 2014‑2019 editions of West Virginia Super Lawyers® Rising Stars for Business Litigation Law
  • Patrick Duffy Koontz Scholarship
  • Order of the Coif
  • Executive articles editor, West Virginia Law Review
Speaking Engagements & Publications

Writings and Publications

  • “When it Rains the Lawsuits Pour: Considering Economic, Social and Public Policy When Determining Duty In West Virginia,” West Virginia Law Review
Representative Cases
  • Served as both second chair and lead trial counsel in catastrophic loss litigation, commercial litigation, and condemnation actions.
  • Successfully overturned a $1.2MM jury verdict for an energy company before the Supreme Court of Appeals of West Virginia.
  • Served as lead trial counsel in a complex commercial arbitration dispute before an American Arbitration Association Commercial Arbitration Tribunal.
  • Defended energy sector clients in litigation matters involving breach of lease agreements, breach of implied covenants, nuisance, trespass, right-of-way disputes, and injunctions against landowners.
  • Member of defense team handling civil litigation arising from a mine explosion involving multiple fatalities.
  • Represented a major university in civil litigation arising from its decision to realign with a different athletics conference.
  • Defended clients in catastrophic loss litigation in West Virginia and Pennsylvania, including claims for personal injury, wrongful death, toxic torts, deliberate intent, premises liability, products liability, and workplace safety.
  • Defended business clients as both plaintiffs and defendants in commercial disputes, including breach of contract, breach of fiduciary duty, fraud and misrepresentation, claims arising under the Uniform Commercial Code, tortious interference, and other business torts.

Practices

Industries