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Thomas E. Scarr

Thomas E. Scarr

Member
Location:
Huntington, West Virginia
Phone:
304-521-4571
866-365-0192
Fax:
304-523-2347
E-mail:
E-mail Me

Tom Scarr is an AV-rated attorney who has 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, products liability and toxic tort cases and medical malpractice matters.   

Tom has extensive experience in labor and employment matters in state and federal courts and administrative bodies, including the NLRB, OSHA, EEOC, and the West Virginia Human Rights Commission.    He has also handled dozens of “Mandolidis” or deliberate intent claims brought under W. Va. Code §23-4-2, and has made case law in the West Virginia Supreme Court of Appeals involving toxic exposure claims by employees.

Tom’s reputation for thoroughness and integrity have 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

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

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
    • Major: English Literature

Classes/Seminars

  • 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

Honors and Awards

  • Martindale-Hubbell - AV Rating, Since 1996
  • Best Lawyers in America, Commercial Litigation and Labor & Employment Law, ERISA, Construction Litigation, 18th Edition, 2012
  • Benchmark: Litigation Guide to America's Leading Litigation Firms and Attorneys, Local Litigation Star, 5th Edition, 2011
  • Best Lawyers Guide to Commercial Litigation, Best Lawyers, 2011
  • Best Lawyers in America, Commercial Litigation and Labor & Employment Law: 17th Edition, 2011; 16th Edition, 2010; 15th Edition, 2009; 14th Edition, 2008; 13th Edition, 2007; 12th Edition, 2006
  • Best Lawyers in America, Commercial Litigation and Labor & Employment Law, 11th Edition, 2005 - 2006
  • West Virginia Superlawyers ( Select 5% WV Bar), 2007 - 2009
  • America's Leading Lawyers for Business/General Commercial Litigation, Chambers USA, 2005 - 2011
  • Defense Research Institute Exceptional Performance Citation, 2005
  • America's Leading Lawyers for Business/Employment Law, Chambers USA, 2004
  • 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

Professional Associations and Memberships

  • Kanawha County Bar Association, Member, 1981-2000
  • West Virginia Bar Association, Member, 1981 - Present
  • American Bar Association, Member, 1981
  • Defense Research Institute, Member, 1985 - Present
  • Kentucky Bar Association, 1996
  • West Virginia Bar Association, Administrative Law Section, Chairman, 1982 - 1983
  • 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
  • West Virginia State Bar, Member, Continuing Legal Education Committee, 2010
  • Continuing Legal Education Committee, Member, 2010 - Present
  • United States District Court, Southern District of West Virginia, Member, Local Rules Committee, 2004 - Present
  • West Virginia State Bar Lawyer Advertising Commission, Member, 1997
  • West Virginia State Bar Lawyer Solicitation Committee, Member, 2000
  • Merit Selection Panel Review U.S. Magistrate Judge Reappointment, 2000 & 2008, Member

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
  • Crosse & Crosse, Exeter, England, Law Clerk, 1979
  • University of Virginia, Charlottesville, Virginia, Resident Assistant and Senior Resident Assistant, 1976 - 1978
  • College of William and Mary, Post-Conviction Assistant Project, Administrative Director, 1979 - 1981
  • College of William and Mary, Assistant Wrestling Coach, 1978 - 1979

Pro Bono Activities

  • Create Huntington, Board of Connectors, 2009 - 2010
  • WV Holocaust Education Foundation, Inc., Member, 2008 - Present
  • Huntington Museum of Art, Member, Board of Trustees 2010 to present; Member, Facilities and Personnel Committees, 2004 to present
  • West Virginia University College of Law, Development Council, Member, 2003 - 2007
  • Simon Meyer WV Jewish Reunion Event Planning Committee, 2008-2009; Chair, 2004 - 2005
  • 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
  • Tri-State Area Council, Boy Scouts of America, Member of Executive Board, 2000 - Present
  • Tri-State Area Council Advancement Chairman, 2000 - Present
  • Huntington B’nai B’rith Lodge #795, Member of Board of Directors, 2000 - present; Co-President, 2000-2005; Vice President, 2001
  • Cabell County Communities In Schools, Public Relations/Outreach/Marketing Committee, 2000 - 2002
  • B'nai Sholom Congregation, Huntington, WV, Member, 1996 - present; Member Board of Trustees, 2003 - present; Chair, Rabbinic Search & Selection Committee, 2010 - 2011; President, 2007 - 2009; Vice President, 2005 - 2007

Fraternities/Sororities

  • Phi Alpha Delta