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Robert M. Bastress, III

Robert M Bastress III

Robert M. Bastress III is an experienced trial attorney. His practice includes representing victims of wrongful death, personal injury, abuse, consumer fraud, and wrongful employment termination.

From 2012 to the present, Mr. Bastress repeatedly has been recognized by the West Virginia Super Lawyers and Best Lawyers in America publications in the areas of General Litigation, Personal Injury for Plaintiffs, and Employment Law – Individuals. In 2021, he was named “Lawyer of the Year” in the category of “Employment Law – Individuals” by Best Lawyers in America.  In 2025, he was one of seven lawyers in West Virginia selected by Forbes Magazine for inclusion in its Best-In-State Lawyers list for West Virginia.

Throughout his career, Mr. Bastress has worked on cases resulting in total recoveries of more than $140 million for his clients.

Previously, 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, where he primarily represented senior citizens who were victims of consumer scams. Also, during those years, he was a frequent guest on the local cable access television show, Legal Journal, and gave talks throughout West Virginia on consumer-related issues.

In 2006, Rob 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.

In 2008, Mr. Bastress joined the firm, and in 2013, he became a member of DiPiero Simmons McGinley & Bastress, PLLC. He has a varied civil practice. In private practice, Mr. Bastress was appointed as a Special Assistant Attorney General by the Attorney General and the Governor to work on the groundbreaking litigation against the drug distributors who flooded West Virginia with opioids. Currently, he is trial counsel in the pending 23-year-old litigation the State of West Virginia is pursuing against manufacturers of respirators used in coal mining.  This litigation has spanned the administration of three attorneys general, and trial of one of the cases began in January 2025 and is ongoing.

In 2015, he was appointed plaintiffs’ liaison counsel by the West Virginia Mass Litigation Panel in the LPG Land Litigation. Mr. Bastress was one of a number of lawyers appointed to serve as class counsel for the former Mountain State University students adversely affected by the revocation of the school-wide accreditation in 2012.  In the 2020’s, he represented a VA whistleblower, who made various reports regarding VA nursing assistant, Reta Mays, before Mays ultimately pled guilty to killing veterans at the VA Medical Center in Clarksburg.

Mr. Bastress has represented coal miners, veterans, doctors, lawyers, law firms, newspapers, small businesses, citizens’ groups, injured workers, landowners and a host of other individuals in a wide variety of cases, including in the following fields of litigation: wrongful death, personal injury, wrongful discharge, commercial, consumer fraud, deliberate intent, wage payment, products liability, medical malpractice, contract, insurance bad faith, property, and Freedom of Information Act, where he has recovered millions of dollars for his clients. Mr. Bastress has briefed and argued cases before the Supreme Court of Appeals of West Virginia.

Speaking anonymously in a peer review process, his adversaries had this to say about him: “Mr. Bastress excellently represents his clients’ interests . . . . I have witnessed him pursue a pragmatic approach to resolving claims–always with the goal of meeting his clients’ objectives and often pressing financial needs. I’m sure all reviewers would agree that Mr. Bastress embodies a client-first case approach, in contrast to the me-first attitude exhibited by some plaintiffs’ attorneys. . . . . His knowledge of the law and composed manner during trial and oral argument confirm his status as a great attorney here in Charleston, WV.”

While Mr. Bastress primarily represents plaintiffs, he also successfully defended ABC and the Charleston Gazette-Mail in an action brought against them by Don Blankenship in federal court relating to coverage of the UBB trial.

In 2014, the State Journal named Mr. Bastress to the prestigious “Generation Next” list of 40 top young professionals in West Virginia under the age of 40 for his work achievements and community service. Prior to that in 2010, he received an award for public service from the U.S. Attorney for the Southern District of West Virginia for his pro bono work on behalf of a stalking victim. Previously, he served as an attorney mentor for the West Virginia Board of Law Examiners and an officer of the Kanawha County Bar Association. Mr. Bastress has given continuing legal education seminars to the American Bar Association, West Virginia Association for Justice and the West Virginia Employment Lawyers’ Association.  Between 2017-2020, Mr. Bastress served on the West Virginia State Bar Board of Governors. Mr. Bastress previously  served as a State Delegate to the American Association of Justice and currently serves as a Board Member for the West Virginia Association of Justice.

He resides in Charleston with his wife, son, and daughter.

**The results in a legal case depend on a variety of factors, many of which are unique to each case. Prior results by this firm or any other do not guarantee future results. Case results presented here are illustrations of the type of work done by DiPiero Simmons McGinley & Bastress, PLLC, and not a guarantee that any prospective case will yield any particular amount.

Practice Areas

  • Wrongful Termination
  • Wrongful Death
  • Personal Injury
  • Consumer Fraud
  • Consumer Protection

Education

  • J.D., Tulane University, cum laude, 2004
  • B.A., Wesleyan University, 2001