Thomas E. Scarr

Thomas E. Scarr

Member
Location:
Huntington, West Virginia
Phone:
304-521-4571
866-617-4736
Fax:
304-523-2347
Email:
  • Best Lawyers International
  • Scarr, Thomas
  • Super Lawyer
  • Tom Scarr is an AV-rated attorney with extensive experience in civil litigation, labor and employment law and the defense of white collar criminal matters. A veteran of multiple trials in state and federal courts, his litigation and trial experience includes handling commercial and construction disputes, personal injury litigation, premises liability, products liability and toxic tort cases, and medical malpractice matter. He has also handled dozens of "Mandolidis" or deliberate intent claims brought under W. Va. Code §23-4-2, and has made significant case law in the West Virginia Supreme Court of Appeals involving toxic chemical exposure claims by employees. Tom has been consistently recognized by Best Lawyers in America, Chambers USA, Benchmark Litigation and Super Lawyers in such practice areas as Commercial Litigation, Construction Law, Labor and Employment Law and ERISA.

    Tom also has extensive experience in labor and employment related matters in state and federal courts and administrative bodies, including the NLRB, OSHA, EEOC, and the West Virginia Human Rights Commission. His employment practice includes preparation of employment contracts, personnel manuals and related employment policies and manuals, and providing advice concerning a variety of employment issues, including confidentiality and noncompetition agreements, FLSA, Wage & Hour, ADA, COBRA and WARN.

    Tom's reputation for tenacity, thoroughness and integrity have also allowed him to develop a growing white collar criminal practice and to be sought after as a mediator in civil matters. He has the respect of both court and counsel and is an extremely effective advocate for his clients.

    Areas of Practice

    • General Litigation
    • Labor & Employment Law
    • General Business
    • Employment Litigation
    • Personal Injury, Premises Liability & Product Liability Defense
    • Mediation & Collaborative Law
    • Railroad Worker Injury/FELA
    • Eminent Domain

    Honors and Awards

    • Martindale-Hubbell - AV Rating, Since 1996
    • Best Lawyers in America, Lawyer of the Year, Charleston, WV, Litigation-Construction, 2015, 2018
    • Best Lawyers in America, Lawyer of the Year, Charleston, WV, Employment Law – Management, 2013
    • Best Lawyers in America, Lawyer of the Year, Charleston, WV, ERISA Litigation, 2013, 2017
    • Best Lawyers in America, BET-the-Company Litigation, Commercial Litigation, Employment Law-Management, Litigation-Construction, Litigation-ERISA, Litigation-Labor and Employment, Commercial Litigation, Labor and Employment Law, ERISA, and Construction Litigation, 2015-2018
    • Best Lawyers in America, Commercial Litigation and Labor & Employment Law, 2009 - 2011
    • Best Lawyers in America, Commercial Litigation and Labor & Employment Law, ERISA, Construction Litigation, 2012 - 2017
    • Best Lawyers in America, Commercial Litigation, 2005 - 2008
    • Benchmark: Litigation Guide to America’s Leading Litigation Firms and Attorneys, Local Litigation Star, 2011 - 2018
    • Best Lawyers Guide to Commercial Litigation, Best Lawyers, 2011
    • West Virginia Superlawyers (Select 5% WV Bar), 2007 - 2009, 2014 - 2017
    • America's Leading Lawyers for Business/General Commercial Litigation, Chambers USA, 2005 - 2016
    • Fellow, Litigation Council of America, 2013
    • Defense Research Institute Exceptional Performance Citation, 2005
    • America's Leading Lawyers for Business/Employment Law, Chambers USA, 2004 - 2014
    • Outstanding Lawyers of America, Member, 2003
    • Kaufman Award, Pro Bono Referral Project, West Virginia State Bar, 1995
    • Positive Community Impact Award, Neighborhood Institute of Huntington, Inc., 2007

    Bar Admissions

    • West Virginia, 1981
    • Kentucky, 1996
    • U.S. District Court Southern District of West Virginia, 1981
    • U.S. District Court Northern District of West Virginia, 1981
    • U.S. District Court Eastern District of Kentucky, 1996
    • U.S. District Court Western District of Kentucky, 2005
    • U.S. Court of Appeals 4th Circuit, 1983
    • Supreme Court of Appeals of West Virginia, 1981
    • U.S. Supreme Court, 2004

    Professional Associations and Memberships

    • West Virginia Bar Association, Member, 1981 - Present
    • West Virginia Bar Association, Administrative Law Section, Chairman, 1982 - 1983
    • American Bar Association, Member, 1981 - Present
    • Cabell County Bar Association, Member, 1995 - Present
    • Kanawha County Bar Association, Member, 1987 - 2000
    • Defense Research Institute, Member, 1985 - Present
    • Kentucky Bar Association, 1996 - Present
    • West Virginia State Bar, Board of Governors (District 5, Cabell/Wayne Counties), 2016 - Present
    • Defense Trial Counsel of West Virginia, Member, 1985-Present; Board of Governors, 1996-2006; President, 2004-2005; Vice President, 2003-2004; Treasurer, 2002-2003; Secretary, 2001-2002;
    • Defense Trial Counsel of West Virginia Civil Justice System, Co-Chair, 2003
    • United States District Court, Southern District of West Virginia, Member, Local Rules Committee, 2004 - 2016
    • Merit Selection Panel; Review U.S. Magistrate Judge Reappointment, 2000 & 2008, Member
    • West Virginia Bar, Advanced Mediation Training, 2010, Basic Mediation Training 2002
    • West Virginia State Bar Lawyer Advertising Commission, Member, 1997
    • Recent Developments, Discovery Reform – Again: How the New Rules of Federal Civil Procedure Change Your Practice, 2016, WV Continuing Legal Education
    • West Virginia State Bar Lawyer Solicitation Committee, Member, 2000
    • West Virginia State Bar, Member, 2010 - Present

    Classes/Seminars

    • Recent Developments, Discovery Reform – Again: How the New Rules of Federal Civil Procedure Change your Practice, 2016 West Virginia Continuing Legal Education
    • Speaker, DTCWV Annual Meeting – Historical Perspective and Panel Discussion re: Civil Justice - Present and Future, 2013
    • Speaker, West Virginia Chamber of Commerce/Society for Human Resource Management, Human Resource Summit & Governor's Safety Conference HR Essentials, 2007
    • West Virginia Civil Discovery, Rule 30(b) (7): Depositions Upon Oral Exam, WV CLE, 2005
    • Risk Management for Nursing Practitioners, University of Arizona Health Sciences Center, Prof. Sally J. Reel, 2002 - 2004
    • Employment Law; Document and Record Preparation, Control and Management, Society Human Resource Management (SHRM), Huntington, West Virginia, 2000 - 2001
    • Privileges and Evidentiary Protections and Document and Record Preparation, Control and Management, Multiple Client Seminars, 1996 - 2011
    • A Practical Guide to Federal Court Rules and Procedure in West Virginia, National Business Institute, 1996 - 1998
    • Professionalism: Perspectives from the Bench and Bar, Panel Discussion Participant, WVCLE, 1996
    • Deposition Practice, Cabell County Bar Association Annual Seminar, 1995
    • West Virginia Employment and Labor Law Seminar, Lorman Education Services, 1993
    • Family Medical Leave Act of 1993, Charleston, West Virginia Human Resource Directors Meeting, 1993
    • Effective Motion Practice in West Virginia, Lorman Education Services, 1993
    • Effective Use of Legal Assistants, Defense Trial Counsel of West Virginia, 1992
    • West Virginia Labor and Employment Law Seminar, National Business Institute, 1992
    • Litigation Training Program, Bowles Rice McDavid Graff & Love, 1991 - 1992
    • Handling Uninsured/Underinsured Motorists Claims The Defendant's Perspective, Professional Education Systems, Inc., 1990
    • AIDS-An Employer's Concern, National Business Institute, 1988
    • Settlement Negotiations and Trial Preparation, Third Year Law Student Practice Seminars, West Virginia University College of Law, 1987
    • Litigation: Discovery Practice, Third Year Law Student Practice Seminars, West Virginia University College of Law, 1986 & 1987
    • Multi-employer Pension Plan Withdrawal Liability, West Virginia Mining and Reclamation Association 13th Annual West Virginia Mining Symposium, 1986
    • Collective Bargaining Seminar, Management Response to Union Organizing Campaign and Representation Election, West Virginia State College of Graduate Studies, 1982

    Education

    • The College of William and Mary, Marshall-Wythe School of Law, Williamsburg, Virginia
      • J.D. - 1981
    • University of Virginia, Charlottesville, Virginia
      • B.A. - 1978
      • Honors: With Distinction
      • Honors: Dean's List
      • Honors: Intermediate Honors
      • Honors: Raven Society
      • Honors: Omicron Delta Kappa
      • Honors: ACC Honors Roll (wrestling)
      • Major: English Literature

    Past Employment Positions

    • Bowles Rice McDavid Graff & Love , Partner, 1986 - 1995
    • Bowles Rice McDavid Graff & Love, Associate, 1981 - 1985
    • Bowles McDavid Graff & Love, Charleston, West Virginia, Law Clerk, 1980
    • College of William and Mary, Department of Business Affairs, Legal Assistant, 1980 - 1981
    • College of William and Mary, Post-Conviction Assistance Project, Administrative Director, 1979 - 1981
    • College of William and Mary, Assistant Wrestling Coach, 1978 - 1979
    • Crosse & Crosse, Exeter, England, Law Clerk, 1979
    • University of Virginia, Charlottesville, Virginia, Resident Assistant and Senior Resident Assistant, 1976 - 1978

    Pro Bono Activities

    • Huntington Museum of Art, Member, Board of Trustees, 2004 -2015, 2017; Member, Facilities and Personnel Committees
    • Huntington Foundation for Developmental Disabilities, Secretary, 2005 - Present
    • Huntington Jewish Benevolent Association, Inc., President, 2002 - Present
    • Huntington Regional Chamber of Commerce, Member of Board of Directors, 2000 - 2005
    • West Virginia University College of Law, Development Council, Member, 2003 - 2007
    • Create Huntington, Board of Connectors, 2009 - 2010
    • Buckskin Area Council, Boy Scouts of America, Executive Board, 2017 - Present
    • Tri-State Area Council, Boy Scouts of America, Member of Executive Board, 2000 - 2014
    • Tri-State Area Council Advancement Chairman, 2000 - 2014
    • B'nai Sholom Congregation, Huntington, WV, Member, 1996 - present; Member Board of Trustees, 2003 - 2015; Chair, Rabbinic Search & Selection Committee, 2010 - 2011; President, 2007 - 2009; Vice President, 2005 - 2007
    • Huntington B’nai B’rith Lodge #795, Member of Board of Directors, 2000 - present; Co-President, 2000-2005; Vice President, 2001
    • WV Holocaust Education Foundation, Inc., Member, 2008 - 2015
    • Simon Meyer WV Jewish Reunion Event Planning Committee, 2008-2009; Chair, 2004 - 2005
    • Federated Jewish Charities of Huntington, Member of Board of Directors, 1999-2010; Vice President, 2000-2005
    • Interfaith Build Committee Member, B’nai Sholom Congregation, Habitat for Humanity Joint Project, 2005
    • Cabell County Communities In Schools, Public Relations/Outreach/Marketing Committee, 2000 - 2002
    • Leadership Tri-State, 1998
    • Temple B’nai Israel, Charleston, WV, Member, 1990-2009; Member of Board of Directors, 1995
    • Kanawha Valley YMCA Corporate Cup, Co-Chair, 1987

    Fraternities/Sororities

    • Phi Alpha Delta Legal Fraternity