
Thomas E. Scarr is an AV Preeminent-rated attorney with extensive experience in civil litigation and labor and employment law throughout West Virginia (WV) and Kentucky (KY) as well as extensive experience with state and federal white collar criminal defense in WV. If you need premium WV experienced trial counsel, this veteran of multiple trials in state and federal courts is the one to call.
Tom’s litigation and trial experience include handling commercial and construction disputes; personal injury litigation; premises liability disputes; product liability and toxic tort cases; and medical, legal, accounting, and other professional liability matters. He has handled dozens of WV Mandolidis claims (WV employee/employer deliberate intent claims) brought under W. Va. Code § 23-4-2 and has made significant case law in the Supreme Court of Appeals of West Virginia defending against employee toxic chemical exposure claims in WV.
Tom is known for his expertise in labor and employment matters before state and federal courts and administrative bodies including the National Labor Relations Board (NLRB), the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and the West Virginia Human Rights Commission. His employment practice includes preparation of employment contracts as well as personnel and related employment policies and manuals. Tom advises employer clients on a variety of issues such as confidentiality and noncompetition agreements, the Fair Labor Standards Act (FLSA), wage and hour matters, the Americans with Disabilities Act (ADA), the Consolidated Omnibus Budget Reconciliation Act (COBRA), and the Worker Adjustment Retraining and Notification Act (WARN).Tom’s tenacity, thoroughness, and integrity reinforce his reputation as a WV experienced trial counsel who is sought after not only as a litigator but also as a mediator in civil matters. He has the respect of both court and counsel as an extremely effective advocate for his clients.
Tom’s interests outside the office include music, photography, travel, biking, hiking, camping, and cross-country skiing. In the past, he has also enjoyed distance running, and he’s had several mountaineering adventures, having climbed Washington’s Mount Rainier five times and Mount Olympia.
Education:
J.D., The College of William & Mary, Marshall Wythe School of Law, 1981
B.A., honors with distinction, University of Virginia, 1978, Major: English Literature
Dean’s List
Intermediate Honors
ACC Honor Roll (Wrestling)
Bar Admissions:
Supreme Court of Appeals of West Virginia
Supreme Court of the United States
United States Court of Appeals for the Fourth Circuit
United States District Court for the Northern District of West Virginia
United States District Court for the Southern District of West Virginia
United States District Court for the Eastern District of Kentucky
United States District Court for the Western District of Kentucky
Currently President Elect of the West Virginia State Bar
Past Employment:
Bowles Rice McDavid Graff & Love
- Partner, 1986 to 1995
- Associate, 1981 to 1985
- Law Clerk, 1980
- Legal Assistant, Department of Business Affairs, 1980 to 1981
- Administrative Director of Post–Conviction Assistance Project, 1979 to 1981
Crosse & Crosse, Exeter, UK
- Law Clerk, 1979
Professional and Community Activities:
American Bar Association, Member, 1981 to Present
- President Elect, 2020-2021
- Vice President, 2019-2020
- Commission on Judicial Independence, 2017 to Present
- Board of Governors and Executive Committee (District 5, Cabell/Wayne Counties), 2016 to 2018
- Board of Governors Officer and Executive Committee and Member of State Bar Budget Committee, Personnel Committee, Strategic Planning Committee, ByLaws & Rules Committee and Annual Meeting Committee, 2019 to Present
- Member, 1981 to Present
- Advanced Mediation Training, 2010
- Basic Mediation Training, 2002
- Lawyer Solicitation Committee, Member, 2000
- Lawyer Advertising Commission, Member, 1997
- Continuing Legal Education Committee, 2010 to 2015
West Virginia Bar Association, 1981 to Present
- Administrative Law Section, Chairman, 1982 to 1983
Defense Trial Counsel of West Virginia
- President, 2004 to 2005
- Vice President, 2003 to 2004
- West Virginia Civil Justice System Committee Report, Co-Chair, 2003
- Treasurer, 2002 to 2003
- Secretary, 2001 to 2002
- Board of Governors, 1996 to 2006
- Member, 1985 to Present
West Virginia University College of Law Visiting Committee, 2020 to Present
Cabell County Bar Association, Member, 1995 to Present
Kanawha County Bar Association, Member, 1987 to 2000
Kentucky Bar Association, 1996 to Present
United States District Court for the Southern District of West Virginia
- Local Rules Committee, 2004 and 2016
- Merit Selection Panel; Review U.S. Magistrate Judge Reappointment, Member, 2000 and 2008
Defense Research Institute, Member, 1985 to Present
West Virginia Holocaust Education Foundation, Inc., Member, 2008 to 2015
Cabell County Communities in Schools, Public Relations/Outreach/Marketing Committee, 2000 to 2002
Phi Alpha Delta Legal Fraternity
Buckskin Area Council, Boy Scouts of America, Executive Board, 2017 to Present
Tri-State Area Council, Boy Scouts of America
- Member of Executive Board, 2000 to 2014
- Tri-State Area Council Advancement Chairman, 2000 to 2014
Kanawha Valley YMCA Corporate Cup, Co-Chair, 1987
Create Huntington, Board of Connectors, 2009 to 2010
Huntington Regional Chamber of Commerce, Board of Directors, 2000 to 2005
- Member, Board of Trustees, 2004 to 2015, 2017 to present
- Member, Facilities and Personnel Committees, 2004 to 2015, 2017 to present
- Member, Nominations Committee, 2018 to Present
Huntington Foundation for Developmental Disabilities, Secretary, 2005 to Present
Huntington Jewish Benevolent Association, Inc., President, 2002 to Present
- President, 2007 to 2009
- Vice President, 2005 to 2007
- Chair, Rabbinic Search and Selection Committee, 2010 to 2011
- Board of Trustees, 2003 to 2015
- Member, 1996 to present
- Interfaith Build Committee Member, Habitat for Humanity Joint Project, 2005
Federated Jewish Charities of Huntington
- Vice President, 2000 to 2005
- Member of Board of Directors, 1999 to 2010
Huntington B’nai B’rith Lodge #795
- Co-President, 2000 to 2005
- Vice President, 2001
- Member of Board of Directors, 2000 to 2012
- Leadership Tri-State, 1998
- Event Planning Committee, 2008 to 2009
- Chair, 2004 to 2005
- o 2005
- Board of Directors, 1995
- Member, 1990 to 2009
Presentations and Publications:
Recent Developments, Discovery Reform—Again: How the New Rules of Federal Civil Procedure Change Your Practice, 2016
Historical Perspective and Panel Discussion re: Civil Justice—Present and Future, 2013
Privileges and Evidentiary Protections and Document and Record Preparation, Control and Management, 1996 to 2011
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, 2005
Risk Management for Nursing Practitioners, University of Arizona Health Sciences Center, Prof. Sally J. Reel, 2002 to 2004
Employment Law; Document and Record Preparation, Control and Management, Society for Human Resource Management, 2000 to 2001
A Practical Guide to Federal Court Rules and Procedure in West Virginia, 1996 to 1998
Professionalism: Perspectives from the Bench and Bar, 1996
Deposition Practice, 1995
West Virginia Employment and Labor Law Seminar, 1993
Family Medical Leave Act of 1993, 1993
Effective Motion Practice in West Virginia, 1993
Effective Use of Legal Assistants, 1992
West Virginia Labor and Employment Law Seminar, 1992
Litigation Training Program, 1991 to 1992
Handling Uninsured/Underinsured Motorists Claims; The Defendant’s Perspective, 1990
AIDS-An Employer’s Concern, 1988
Settlement Negotiations and Trial Preparation, Third Year Law Student Practice Seminars, 1987
Litigation: Discovery Practice, Third Year Law Student Practice Seminars, 1986 and 1987
Multiemployer Pension Plan Withdrawal Liability, 1986
Collective Bargaining Seminar, Management Response to Union Organizing Campaign and Representation Election, 1982
Recognitions and Awards:
Permanent Member, Judicial Conference of the Fourth Circuit Court of Appeals
Martindale-Hubbell AV Preeminent Judicial Rating, 2016 to 2020
Martindale-Hubbell AV Rating since 1995
America’s Top 100 High Stakes Litigators, 2018 to 2020
America’s Top 100 Civil Defense Litigators, 2018 to 2020
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 to 2018
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©, Commercial Litigation and Labor & Employment Law, 2009 to 2011
Best Lawyers in America©, Commercial Litigation and Labor & Employment Law, ERISA, Construction Litigation, 2012 to 2017
Best Lawyers in America©, Commercial Litigation, 2005 to 2008
Benchmark: Litigation Guide to America’s Leading Litigation Firms and Attorneys, Local Litigation Star, 2011 to 2019
West Virginia Super Lawyers® (Select 5% WV Bar), 2007 to 2009, 2014 to 2020
America’s Leading Lawyers for Business/General Commercial Litigation, Chambers USA, 2004 to 2019
Fellow, Litigation Council of America, 2013
America’s Leading Lawyers for Business/Employment Law, Chambers USA, 2004 to 2014
Defense Research Institute Exceptional Performance Citation, 2005
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
Practice Areas
- Commercial and Litigation Defense
- Contract Negotiation and Drafting
- Eminent Domain
- Employee Benefits
- Employee Litigation
- Employer/Employee Issues
- General Litigation
- Human Resources Counseling and Training
- Insurance Defense
- Labor-Management Relations
- Mediation, Arbitration, and Collaborative Law
- Negotiation and Counsel
- Personal Injury Defense
- Premises Liability Defense
- Product Liability
- Product Liability Defense
- Railroad Worker Injury/FELA
- Toxic Tort