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In Memory of
Sean P. McGinley
We said our heartfelt goodbyes to him when he passed away unexpectedly on June 3rd, 2021.
In Memory of Sean P. McGinley
We said our heartfelt goodbyes to him when he passed away unexpectedly on June 3rd, 2021. You may view the firm announcement of his passing here.
Sean McGinley was a highly experienced trial and appellate lawyer. In 1995, he joined DiPiero Simmons McGinley & Bastress, PLLC and became a member of the firm. With over twenty-five years of experience in the legal community, Mr. McGinley had extensive experience as a litigator, and recovered tens of millions of dollars for his clients. He was also well known for successfully prosecuting many appeals presented to the Supreme Court of West Virginia.
Mr. McGinley was rated by his colleagues as one of the “Best Lawyers in America” in the areas of personal injury litigation and commercial litigation. Mr. McGinley also was placed “AV” Preeminent® by his colleagues in the Martindale-Hubbell® legal directory. This is the best rating an attorney can achieve and is attained through ratings by members of the judiciary and bar. Mr. McGinley was also recognized by Best Lawyers since 2017. In 2021, he was recognized for his work in the categories of Commercial Litigation and Personal Injury Litigation – Plaintiffs.
Mr. McGinley regularly represented individuals and families of accident victims with personal injuries sustained in auto, truck as well as industrial accidents, including coal miners, and victims of medical malpractice.
Mr. McGinley also represented businesses in commercial litigation, and represented professionals such as doctors and lawyers in administrative proceedings before license boards. He lectured media companies and press organizations on First Amendment matters.
Mr. McGinley was raised in Morgantown, West Virginia and earned his law degree at Keble College at Oxford University in 1990. Following graduation from Oxford, he served as a law clerk at the Supreme Court of Appeals, West Virginia, from 1990 through 1993. During his service, he clerked for Chief Justice Thomas E. McHugh and Justice Thomas B. Miller. From 1994 through 1995, he clerked for the Hon. Charles H. Haden, II, the Chief Judge of the U.S. District Court, Southern District of West Virginia. His home was in Charleston with his wife, Ana, and their two sons, Liam and Colin. He was passionate about coaching youth baseball and basketball, and was active in the community.
Practice Areas
- Civil litigation
- Commercial litigation
- Libel, slander, and defamation
- Personal injury
- Appellate practice
- Class actions
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 State Bar, 1991–Present
- American Bar Association, First Amendment and Media Litigation Committee
- American Association for Justice
- Master, American Inn of Court
- Kanawha County Bar Association
- Governing Council, West Virginia Law Institute, 2001–2012
Representative Clients
- Daily Gazette Company
- The Associated Press
- The Wall Street Journal
- Gov. Arch A. Moore, Jr.
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 The Wall St. Journal, 601 F. App’x 215, 217 (United States Court of Appeals for the Fourth Circuit 2015)
- Hurlbert v. Matkovich, 760 S.E.2d 152 (Supreme Court of Appeals of West Virginia 2014)
- Allen v. Monsanto Co., 2013 WL 6153150 (Supreme Court of Appeals of West Virginia 2013)
- W. Virginia ex rel. Morrisey v. AmerisourceBergen Drug Corp., 2013 WL 1305575 (United States District Court for Southern District of West Virginia 2013)
- Charleston Gazette d/b/a Daily Gazette Co. v. Smithers, 752 S.E.2d 603 (Supreme Court of Appeals of West Virginia 2013)
- W. Virginia ex rel. McGraw v. CVS Pharmacy, Inc., 646 F.3d 169 (United States Court of Appeals for the Fourth Circuit 2011)
- W. Virginia ex rel. McGraw v. CVS Pharmacy, Inc., 748 F. Supp. 2d 580 (United States District Court for Southern District of West Virginia 2010)
- W. Virginia ex rel. McGraw v. Rite Aid of W. Virginia, Inc., 2010 WL 454488 (United States District Court for Southern District of West Virginia 2010)
- Energy Mktg. Servs., Inc. v. Columbia Gas Transmission Corp., 639 F. Supp. 2d 643 (United States District Court for Southern District of West Virginia 2009)
- Rubberlite Inc. v. Baychar Holdings, LLC, 2009 WL 3733051 (United States District Court for Southern District of West Virginia 2009)
- 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)
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