West Virginia Attorneys
Represent Injury and Malpractice Victims
160 years of combined experience
Meet the attorneys of DiTrapano, Barrett & DiPiero, PLLC. Together we have nearly 160 years of combined experience fighting on behalf of personal injury victims.
- Joshua I. Barrett
- J. Timothy DiPiero
- Rudolph L. DiTrapano
- Sean P. McGinley
- Lonnie C. Simmons
- Robert M. Bastress III
- Heather M. Langeland
Joshua I. Barrett
An AV® Peer Review Rated attorney by Martindale-Hubbell®, Joshua Barrett has three decades of legal experience. Prior to becoming a member of DiTrapano, Barrett & DiPiero, PLLC, he was a partner in DiTrapano & Jackson, a firm he joined in 1981. Mr. Barrett served as law clerk to the Hon. K.K. Hall, United States Circuit Judge for the Court of Appeals for the Fourth Circuit from 1979 to 1980. Before joining DiTrapano & Jackson he also served briefly as a litigation coordinator for the West Virginia Legal Services Plan, Inc.
In addition to his caseload, Mr. Barrett previously served as adjunct instructor of Environmental Law at West Virginia University College of Law. He has lectured in numerous continuing legal education seminars.
Mr. Barrett is among an elite number of lawyers listed in two separate categories in The Best Lawyers in America: personal injury and environmental law. He was also selected for inclusion in the 2009 West Virginia Super Lawyers in the "personal injury plaintiff" category.
Practice areas
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Education
- J.D., West Virginia University, 1979
- B.A., Wesleyan University, 1971
Bar admissions
- 1979
- West Virginia
- U.S. District Court, Southern District of West Virginia
- 1980
- U.S. District Court, Northern District of West Virginia
- U.S. Court of Appeals, Fourth Circuit; 2000
- U.S. Supreme Court
Memberships
- West Virginia State Bar
- Member, Board of Governors, 2004–2008
- American Bar Association
- Member, Litigation Section
- Kanawha County Bar Association
- American Association for Justice
Published works
- "Longwall Mining and SMCRA—Unstable Ground for Regulators and Litigants," 94 West Virginia Law Review 693, 1992
- "Citizen Participation in the Regulation of Surface Mining," '81 West Virginia Law Review 625, 1979
- "Valid Existing Rights in SMCRA", 5 Journal of Mineral Law and Policy 585, Co-author, 1990
- "Pennsylvania Coal Company v. Mahan Revisited: Is the Federal Surface Mining Act a Valid Exercise of the Police Power or an Unconstitutional Taking?," 16 Tulsa Law Journal 418, 1981
- "The Commerce Clause and the Tenth Amendment at Odds: Can the Federal Surface Mining Act Survive National Leaguer of Cities?," 8 Northern Kentucky Law Review 107, 1981
J. Timothy DiPiero
A member of DiTrapano, Barrett & DiPiero, PLLC, J. Timothy DiPiero spent six years (1977–1983) as an assistant U.S. attorney for the Southern District of West Virginia in Charleston, WV before entering private practice. Prior to his tenure with DiTrapano, Barrett & DiPiero, he was a partner in the firm of DiTrapano & Jackson which he joined in 1983.
After earning his law degree from the West Virginia University College of Law in 1975, Mr. DiPiero served as a law clerk to Charles H. Haden, II for seven months while Judge Haden was Chief Justice of the West Virginia Supreme Court of Appeals. He clerked for another 18 months when Judge Haden was appointed to the federal bench as the U.S. District Judge for the Northern and Southern Districts of West Virginia.
Mr. DiPiero was a visiting professor for the American College of Rome, Rome, Italy in 1982, and has lectured in continuing legal education seminars since that time.
An AV® Peer Review Rated attorney by Martindale-Hubbell®, Mr. DiPiero is listed in The Best Lawyers in America. He was also selected for inclusion in the 2009 West Virginia Super Lawyers in the "personal injury plaintiff" category.
Areas of practice
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Since 1999, Mr. DiPiero has represented professional athletes as a certified contract advisor for both the National Football Players Association and the National Basketball Players Association.
Education
- J.D., West Virginia University College of Law, 1975
- Associate Editor, West Virginia University Law Review
- B.A., English, University of Notre Dame, 1971
Bar admissions
- 1975
- West Virginia
- U.S. District Court Northern District of West Virginia
- U.S. District Court Southern District of West Virginia
- 1977
- U.S. Court of Appeals 4th Circuit
Memberships
- West Virginia State Bar
- Association of Trial Lawyers of America
- West Virginia Trial Lawyers Association
Community involvement
An active member of his community, Mr. DiPiero has coached youth football, basketball, and baseball, and for many years has been involved with the Fellowship of Christian Athletes. He serves on the board of directors at Hope Community Development Corporation, a non-profit organization created to empower the poor and assist at-risk children. Mr. DiPiero also enjoys playing several sports, including basketball, golf, tennis and bocce, and recently played basketball in the U.S. Senior Olympics.
Personal
Mr. DiPiero and his wife, Cheryl, have three children: Danielle, Joey and Luca Dante.
Rudolph L. DiTrapano
A veteran litgator with more than a half century of experience, Rudolph DiTrapano is the senior member of DiTrapano, Barrett & DiPiero, PLLC. Since earning his law degree from the University of Notre Dame in 1951, Mr. DiTrapano has represented clients in litigation throughout most of the counties in West Virginia, as well as Virginia, Ohio, Pennsylvania, and New York.
Mr. DiTrapano has participated in cases that have resulted in over 100 published opinions. He argued and won a case for a West Virginia legislator before the United States Supreme Court, and was lead co-counsel for the West Virginia Board of Investments in cases against Morgan Stanley, Goldman Sachs, and others, recovering nearly $85 million for the State. Mr. DiTrapano and other members of the firm represented the West Virginia Bureau of Employment Programs in coal contract litigation that resulted in a settlement recovery for the state of West Virginia in excess of $60 million.
Mr. DiTrapano is among an elite group of attorneys listed in two different categories in The Best Lawyers of America: personal injury litigation and criminal defense. He is an AV® Peer Review Rated attorney by Martindale-Hubbell®, and was selected for inclusion in the 2009 West Virginia Super Lawyers in the category of "personal injury plaintiff."
Practice areas
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Education
- J.D., University of Notre Dame, 1951
- B.S., Physical Science, University of Notre Dame, 1950
- L.L.B., University of Notre Dame
Bar admissions
- West Virginia, 1951
- U.S. District Court, Southern District of West Virginia, 1953
- U.S. Court of Appeals, Fourth Circuit, 1963
- U.S. District Court, Northern District of West Virginia, 1970
- U.S. Supreme Court, 1973
Memberships
- Kanawha County Bar Association
- West Virginia State Bar Association
- American Bar Association
- American Association for Justice
- National Association of Criminal Defense Lawyers
- Supreme Court Historical Society
- Trial Lawyers for Public Justice
- Fourth Circuit Judicial Conference
Reported cases
- McCormick v. U.S., 500 U.S. 257 (1991)
Community involvement
Mr. DiTrapano serves on the board of the West Virginia Symphony Orchestra, on the board of directors of Wheeling Jesuit University, and is a former chairman of the West Virginia State Democratic Party.
Sean P. McGinley
Raised in Morgantown, West Virginia, Sean McGinley is an experienced trial and appellate attorney. He joined DiTrapano, Barrett & DiPiero, PLLC in October of 1995.
After earning his law degree at Keble College at Oxford University in 1990, Mr. McGinley served as a law clerk at the Supreme Court of Appeals of West Virginia through 1993. During his tenure there, he clerked for Chief Justice Thomas E. McHugh and Justice Thomas B. Miller. In 1994 and 1995, Mr. McGinley clerked for the Hon. Charles H. Haden, II, Chief Judge of the United States District Court for the Southern District of West Virginia.
Since joining DiTrapano, Barrett & DiPiero, PLLC, Mr. McGinley has substantial experience as a litigator and has successfully prosecuted many appeals to the Supreme Court of West Virginia. He has also lectured media organizations on First Amendment and defamation issues.
Mr. McGinley is a BV® Peer Review Rated attorney by Martindale-Hubbell®. He and his wife, Ana G. Marino, reside in Charleston with their two sons, Liam Patrick McGinley and Colin Sean McGinley.
Practice areas
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Education
- B.A. Honours, Jurisprudence, Oxford University, 1990
- A.B., Oberlin College, 1987
Bar admissions
- West Virginia, 1991
- U.S. District Court, Southern District of West Virginia, 1991
- U.S. Court of Appeals, Fourth Circuit, 1996
- U.S. District Court, Northern District of West Virginia, 1999
Memberships
- West Virginia Law Institute, 2001–Present
- Member, Governing Council
- West Virginia State Bar, 1991–Present
- American Bar Association
- First Amendment and Media Litigation Committee American Association for Justice
- American Inn of Court
- Master
- Kanawha County Bar Association
Published works
- "West Virginia's Very Own Celotex Trilogy: A Series of Recent Opinions by the Supreme Court of Appeals of West Virginia Reveals that the Rumors of Rule 56's Death Were Greatly Exaggerated," 98 West Virginia Law Review 571, 1996
Representative cases
- In Re: Charleston Gazette FOIA Request, 2008 WL 519078 (W.Va. 2008) (Supreme Court of Appeals of West Virginia 2008)
- Wilkerson v. Target Corp., 578 F.Supp.2d 835 (S.D.W.Va. 2008) (United States District Court for Southern District of West Virginia 2008)
- Keeney v. Charnock, 441 F.Supp.2d 769 (United States District Court for Southern District of West Virginia 2006)
- West Virginia ex rel. McGraw v. Minnesota Mining & Mfg., 354 F.Supp.2d 660 (United States District Court for Southern District of West Virginia 2005)
- Lawyer Disciplinary Board v. Moore, 591 S.E.2d 338 (Supreme Court of Appeals of West Virginia 2003)
- Osborne v. United States, 567 S.E.2d 677 (Supreme Court of Appeals of West Virginia 2002)
- Bradshaw v. Soulsby, 558 S.E.2d 681 (Supreme Court of Appeals of West Virginia 2001)
- State ex rel. Rist v. Underwood, 524 S.E.2d 179 (Supreme Court of Appeals of West Virginia 1999)
- Wooten v. Roberts, 518 S.E.2d 645 (Supreme Court of Appeals of West Virginia 1999)
- Fitz water v. Harding, 510 S.E.2d 286 (Supreme Court of Appeals of West Virginia 1998)
- Brown v. Carvill, 527 S.E.2d 149 (Supreme Court of Appeals of West Virginia 1998)
- State ex rel. Charleston mail Association v. Ranson, 488 S.E.2d 5 (Supreme Court of Appeals of West Virginia 1997)
- Cordial v. Ernst & Young, 483 S.E.2d 248 (Supreme Court of Appeals of West Virginia 1996)
- Smith v. Stacy, 482 S.E.2d 115 (Supreme Court of Appeals of West Virginia 1996)
- State ex rel. East End Association v. McCoy, 481 S.E.2d 764 (Supreme Court of Appeals of West Virginia 1996)
- State ex rel. Suriano v. Gaughan, 480 S.E.2d 848 (Supreme Court of Appeals of West Virginia 1996)
Representative clients
- Daily Gazette Company
- The Associated Press
- Gov. Arch A. Moore, Jr.
Lonnie C. Simmons
For more than 15 years, Lonnie C. Simmons has fought on behalf of the little guys, ensuring they get their day in court. He started his legal career as a writ clerk at the West Virginia Supreme Court in 1982, before spending five years as a personal clerk for West Virginia Supreme Court Justice Thomas B. Miller. After completing his tenure with Justice Miller, Mr. Simmons began his career as a litigator representing injured plaintiffs.
A significant portion of Mr. Simmons' caseload involves appealing decisions from the circuit courts to the West Virginia Supreme Court. As an appellate lawyer, he has successfully prosecuted a substantial number of appeals before the West Virginia Supreme Court, including appeals of wrongful death verdicts, employment discrimination claims, personal injury actions, and criminal convictions.
Mr. Simmons was one of the first lawyers in the United States to use DNA testing to free an innocent person from prison. His representation of Glen Dale Woodall, whose case was featured on the 48 Hours television program and is included in the book Actual Innocence by Barry Scheck, Peter Neufeld, and Jim Dwyer, resulted in Mr. Woodall's freedom. It also led to a $1 million wrongful conviction settlement from the State of West Virginia. Mr. Simmons' DNA litigation on behalf of Mr. Woodall led to the exposure of numerous instances of false and faulty work by chief serologist for the West Virginia State Police, which eventually led to the release of other wrongly convicted innocent people.
Throughout his career, Mr. Simmons has obtained significant recoveries in a diverse range of claims, including wrongful conviction, police misconduct, and other civil rights violations.
As a member of the West Virginia Employment Lawyers Association, Mr. Simmons is experienced in representing and trying cases involving employees wrongfully fired from their jobs, based upon disability, age, sex, and other types of discrimination. He also teaches seminars for other lawyers addressing employment issues.
A BV® Peer Review Rated attorney by Martindale-Hubbell®, Mr. Simmons is listed in The Best Lawyers in America. He is one of only two lawyers selected for inclusion in the "Employment Litigation: Plaintiff" category of the 2009 West Virginia Super Lawyers.
Practice areas
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Education
- J.D., West Virginia University, 1982
- B.A. and B.S., West Virginia University, magna cum laude, 1979
Bar admissions
- West Virginia, 1982
- U.S. District Court, Southern District of West Virginia, 1982
- U.S. Court of Appeals, Fourth Circuit, 1998
Memberships
- West Virginia Employment Lawyers Association
- American Association for Justice
Robert M. Bastress, III
A native of Morgantown, Robert Bastress joined DiTrapano, Barrett & DiPiero, PLLC in 2008. Prior to joining the firm, Mr. Bastress served as an Assistant Attorney General in the Consumer Protection/Antitrust Division of the West Virginia Attorney General's Office from 2004 to 2006. During his tenure as an Assistant Attorney General, he represented numerous senior citizens who were victims of consumer scams and was a frequent guest on the local cable access television show, Legal Journal. He frequently gave talks throughout West Virginia on consumer-related issues.
In 2006, Mr. Bastress left the Attorney General's Office to serve as law clerk for two years to the Honorable John T. Copenhaver, Jr., United States District Judge for the Southern District of West Virginia.
Practice areas
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Education
- J.D., Tulane University, cum laude, 2004
- Student attorney, Civil Litigation Clinic, represented clients in fair housing and employment discrimination cases
- Recipient, CALI Excellence for the Future Award for the highest grade in immigration law
- Managing editor, Tulane Environmental Journal
- Volunteer, Greater New Orleans Fair Housing Action Center
- B.A., Wesleyan University, 2001
Bar admissions
- West Virginia, 2004
- U.S. District Court, Southern District of West Virginia, 2006
- U.S. Court of Appeals, Fourth Circuit, 2008
Memberships
- West Virginia State Bar
Heather M. Langeland
Practice areas
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Education
- J.D., West Virginia University College of Law, 2005
- B.A., Western Michigan University, 2001
Bar admissions
- West Virginia, 2005
- U.S, District Court, Northern and Southern Districts of West Virginia, 2005
Memberships
- American Bar Association
Honors and awards
- Lugar Moot Court
- Recipient, Cali Award, Public Service Advocate
Get the right personal injury lawyers. Right now.
If you or a loved one has been injured there is no time to waste. You need an experienced personal injury attorney working on your behalf immediately. At Charleston's DiTrapano, Barrett & DiPiero, PLLC, we represent victims throughout West Virginia in personal injury, medical malpractice, and trucking accident cases. Contact us today for a free consultation and evaluation of your claim.
