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Sean P. McGinley

Sean P. McGinley - West Virginia Lawyer
Sean McGinley is a highly experienced trial and appellate lawyer. In 1995, he joined DiTrapano Barrett DiPiero McGinley & Simmons, PLLC and is a member of the firm. With over twenty-five years of experience in the legal community, Mr. McGinley has extensive experience as a litigator, and has recovered tens of millions of dollars for his clients. He also is well known for successfully prosecuting many appeals presented to the Supreme Court of West Virginia.

Mr. McGinley is 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 is 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 also is a “2017 West Virginia Super Lawyer.”

Mr. McGinley regularly represents 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 represents businesses in commercial litigation, and has represented professionals such as doctors and lawyers in administrative proceedings before license boards. He has 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. He makes his home in Charleston with his wife, Ana, and their two sons, Liam and Colin. He is passionate about coaching youth baseball and basketball, and is 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 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
  • Master, American Inn of Court
  • 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 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)

Representative Clients

  • Daily Gazette Company
  • The Associated Press
  • The Wall Street Journal
  • Gov. Arch A. Moore, Jr.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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