Thomas V. Flaherty

A founding member of the firm, Tom Flaherty, brings more than four decades of distinguished trial and appellate experience to his work as a neutral in alternative dispute resolution. While he remains an active member of the West Virginia State Bar, Tom is no longer engaged in the practice of law or representing clients. Instead, he focuses exclusively on mediation and other forms of alternative dispute resolution, drawing upon a career defined by exceptional advocacy, sound judgment, and strategic problem-solving.

Throughout his legal career, Tom earned a reputation for diligence, preparation, responsiveness, efficiency, and meticulous attention to detail. He is highly respected by judges and attorneys on both sides of the bar for his professionalism, integrity, and practical approach to resolving complex disputes.

Known as a thoughtful strategist, Tom represented multiple Fortune 100 companies, three West Virginia governors, and four justices of the Supreme Court of Appeals of West Virginia in separate matters. He successfully argued numerous cases before the Supreme Court of Appeals of West Virginia and the U.S. Court of Appeals for the Fourth Circuit, and he tried more than 100 cases to verdict, achieving a success rate of well over 90 percent.

Tom's distinguished service extends well beyond the courtroom. He has served on the Board of Directors of BrickStreet Insurance since the company's inception, including as Chairman from 2009 through April 2017. He also served on the West Virginia University Board of Governors from 2009 to 2019 and was its Chair from 2015 to 2017.

Tom's professional accomplishments have been recognized throughout his career. He has been listed in The Best Lawyers in America longer than any other West Virginia personal injury defense attorney. He has also been recognized among West Virginia's top three attorneys by Thomson Reuters Super Lawyers since the publication's inception and was ranked the No. 1 attorney in West Virginia each year from 2009 through 2018. In addition, he has co-chaired the Campaign for Legal Aid in West Virginia and the Capital Campaign for the Ronald McDonald House.

Professional Involvement

• West Virginia State Bar
  • President (1995-1996)
  • Board of Governors (1985-1987; 1990-1995)
  • Chairman of the Board (1996-1997)
  • Chairman IOLTA Advisory Committee (2009-2013)
• West Virginia Bar Association
• Defense Trial Counsel of West Virginia (DTCWV)
  • Charter Member
  • Original Officer
• Kanawha County Bar Association (President, 1983-1984)
• West Virginia Law Institute
• Defense Research Institute (DRI)
• Trucking Industry Defense Association (TIDA)
• American Bar Association
• Eastern Mineral Law Foundation (EMLF)
• American College of Trial Lawyers, Fellow (Inducted 1996)
• International Academy of Trial Lawyers, Fellow (Elected 1999)
• American Board of Trial Advocates (ABOTA), Advocate (Inducted 1996)
• International Association of Defense Counsel (IADC) (Inducted 2003)
  • State Co-chair (2014)
• National Center for State Courts Lawyers Committee (2014)

Community Involvement

• West Virginia University Innovation Corporation Board of Directors (2015 - 2025)
• West Virginia University Alumni Association Board of Directors (2019 - 2022)
• West Virginia University Board of Governors (2009 - 2019)
  • Board Chair (2015 - 2017)
  • Board Vice-Chair (2013 - 2014)
  • Audit Committee Chair (2013 - 2015)
• Campaign for Legal Aid of West Virginia (Co-chair 2011 - 2014)
• Chairman, Board of Directors, BrickStreet Mutual Insurance Company (January 2009 - April 2017)
• Former Chairman, Board of Directors, SummitPoint Insurance Company
• Former Chairman, Board of Directors, PinnaclePoint Insurance Company
• Former Chairman, Board of Directors, Northstone Insurance Company
• Former Member, Board of Directors, Motorists Mutual Insurance Company
  • Executive Committee
  • Compensation Committee, Chair
• Encova Mutual Insurance Group, Inc., Board of Directors (2017 - 2026)
• Legal Aid Society of Charleston (Former Member - Board of Directors)
• Ronald McDonald House of Southern West Virginia
  • Co-Chair of Capital Campaign (2014 - 2017)
  • Former Member-Board of Directors
• Daymark, Inc. (Former Member - Board of Directors)
• St. Anthony School Board (Former President)
• Governor's Judicial Advisory Committee (1992 - 2004)
• Member, West Virginia Roundtable (2005 - 2008)
• Member, Mountaineer Athletic Club of West Virginia University
• Deerfield Village Owners' Council (1989-1999, President - 1997-1999)
• Former Coach - Little League Baseball, Grade School Basketball

Reported Cases

• Ballengee v. CBS Broadcasting, Inc., et al., 331 F.Supp.3d 533 (S.D.W.Va 2018); Affirmed 968 F.3d 344 (4th Cir. 2020)
• Blankenship, Admx. v. NECCO, LLC, et al (S.D.W.Va. Jul. 25, 2018) Civil Action No. 2:16-cv-12082; Affirmed (4th Cir. Jul. 29, 2019)
• California State Teachers’ Retirement System, et al v. Don L. Blankenship, et al., 240 W.Va. 623, 814 S.E.2d 549 (W.Va. 2018)
• Jane Doe, et al v. Corporation of the President of The Church of Jesus Christ of Latter-Day Saints, et al., 239 W. Va. 428, 801 S.E.2d 443 (2017)
• Covol Fuels No. 4, LLC v. Pinnacle Mining Co., LLC, 785 F.3d 104 (4th Cir. 2015)
• Lightner v. Riley, 233 W. Va. 573; 760 S.E.2d 142 (2014)
• Boggess v. City of Charleston, 234 W. Va. 366, 765 S.E.2d 255 (2014)
• Manville Personal Injury Settlement Trust v. Blankenship, 231 W. Va. 637, 749 S.E.2d 329 (2013)
• Hartford Fire Ins. Co. v. Curtis, 231 W. Va. 596, 748 S.E.2d 662 (2013)
• State ex rel. State Farm Mut. Auto. Ins. Co. v. Marks, 230 W.Va. 517, 741 S.E.2d 75 (2012)
• Stewart v. Newtown Energy, Inc., 2012 WL 3079134
• Cal. State Teachers’ Ret. Sys. v. Blankenship, 2011 WL 2119761 
• State ex rel. W. Va. Citizen Action Group v. Tomblin, 227 W. Va. 687, 715 S.E.2d 36 (2011)
• Mylan Labs. v. Am. Motorist Ins. Co., 226 W. Va. 307, 700 S.E.2d 518 (2009)
• State ex rel. Citifinancial, Inc. v. Madden, 223 W. Va. 229, 672 S.E.2d 365 (2008)
• Horkulic v. Galloway, 222 W.Va. 450, 665 S.E.2d 284 (2008)
• West Virginia University Board of Governors ex rel West Virginia University v. Rodriguez, 543 F.Supp.2d 526 (N.D.W.Va. 2008)
• Wetzel v. Employers Service Corp. of West Virginia, 221 W.Va. 610, 656 S.E.2d 55 (2007)
• In re Tobacco Litigation, 218 W.Va. 301, 624 S.E.2d 738 (W.Va., 2005)
• Goodwin v. Bayer Corp., 218 W.Va. 215, 624 S.E.2d 562 (W.Va. 2005)
• Bennett v. Asco Services, Inc., 218 W.Va. 41, 621 S.E.2d 710 (W.Va. 2005)
• Deskins v. S.W. Jack Drilling Co., 215 W.Va. 525, 600 S.E.2d 237 (W.Va. 2004)
• State ex rel. E.I. Dupont De Nemours and Co. v. Hill, 214 W.Va. 760, 591 S.E.2d 318 (W.Va., 2003)
• Stafford EMS, Inc. v. J.B. Hunt Transport, Inc., 270 F.Supp.2d 773 (S.D.W.Va. 2003)
• Marks v. Watters, 322 F.3d 316 (W.Va. 2003)
• Marks v. West Virginia Dept. of Health & Human Resources, 181 F.Supp.2d 639 (S.D.W.Va. 2002)
• Shonk Land Co., LLC v. Ark Land Co., 170 F.Supp.2d 660 (S.D.W.Va. 2001)
• Westwood v. Fronk, 177 F.Supp.2d 536 (N.D.W.Va. 2001)
• Harris v. Allstate Ins. Co., 208 W.Va. 359, 540 S.E.2d 576 (W.Va. 2000)
• State ex rel. Huffman v. Stephens, 206 W.Va. 501, 526 S.E.2d 23 (W.Va. 1999)
• Devine v. American Ben. Corp., 56 F.Supp.2d 679 (S.D.W.Va. 1999)
• Devine v. American Ben. Corp., 27 F.Supp.2d 669 (S.D.W.Va. 1998)
• State ex rel. Erie Fire Ins. Vo. v. Madden, 204 W.Va. 606, 515 S.E.2d 351 (W.Va. 1998)
• Hager v. Marshall, 202 W.Va. 577, 505 S.E.2d 640 (W.Va. 1998)
• Matter of Starcher, 202 W.Va. 55, 501 S.E.2d 772 (W.Va. 1998)
• Stump v. Ashland, Inc., 201 W.Va. 541, 499 S.E.2d 41 (W.Va. 1997)
• State ex rel. West Virginia Fire & Cas. Co. v. Karl, 199 W.Va. 678, 487 S.E.2d 336 (W.Va. 1997)
• Costilow v. Elkay Min. Co., 200 W.Va. 131, 488 S.E.2d 406 (W.Va. 1997)
• State ex rel. Blankenship v. Richardson, 196 W.Va. 726, 474 S.E.2d 906 (W.Va. 1996)
• Wisman v. William J. Rhodes and Shamblin Stone, Inc., 191 W.Va. 542, 447 S.E.2d 5 (W.Va. 1994)
• Powroznik v. C. & W. Coal Co., 191 W.Va. 293, 445 S.E.2d 234 (W.Va. 1994)
• Henderson v. Meredith Lumber Co., Inc., 190 W.Va. 292, 438 S.E.2d 324 (W.Va. 1993)
• Kaiser Aluminum and Chemical Corp. v. Westinghouse Elec. Corp., 981 F.2d 136 (W.Va. 1992)
• United Mine Workers of America v. Faerber, 179 W.Va. 73, 365 S.E.2d 353 (W.Va. 1986)
• United Mine Workers of America v. Faerber, 179 W.Va. 65, 365 S.E.2d 345 (W.Va. 1986)
• Farmer v. L. D. I., Inc., 169 W.Va. 305, 286 S.E.2d 924 (W.Va. 1982)
• Mollohan v. Black Rock Contracting, Inc., 160 W.Va. 446, 235 S.E.2d 813 (W.Va. 1977)

Teaching & Lecturing

• Frequent Lecturer for West Virginia Mandatory Continuing Legal Education Commission, Defense Trial Counsel of West Virginia, West Virginia Trial Lawyers Association, National Business Institute, West Virginia Business Summit, Virginia Trial Lawyers Association, Energy and Mineral Law Foundation and Client Groups. Recent presentations include:
  • Mediation, Defense Trial Counsel of West Virginia (2008)
  • Employer's Immunity Under Workers' Compensation Statutes, Energy and Mineral Law Foundation (2007)
  • Joint and Several Liability Law: Changes in the Law and the Impact on Settlement and Litigation Strategies, West Virginia Trial Lawyers Association (2007)
  • Insurance Coverage Litigation, National Business Institute (2007)
  • Electing Judges in Virginia: Would that Assure Judicial Independence?, Virginia Trial Lawyers Association Annual Meeting (2005)
  • Trial Lawyer's Mistakes: Eliminating Yours, Exploiting Theirs, Virginia Trial Lawyers Association 43rd Annual Convention (2002)

• Recipient, Distinguished West Virginian Award
• Fellow, American Bar Foundation
• Listed, The Best Lawyers in America© since 1995
  • Appellate Practice (2016 to Present)
  • Bet-the-Company Litigation (2014 to Present)
  • Commercial Litigation (2013 to Present)
  • Legal Malpractice Law – Defendants (2013 to Present)
  • Mediation (2016 to Present)
  • Personal Injury Litigation – Defendants (2011 to Present)
  • 2009 - Lawyer of the Year - Charleston, WV - Personal Injury Litigation-Defendants
  • 2012 - Lawyer of the Year - Charleston, WV - Personal Injury Litigation-Defendants
• Listed, West Virginia Super Lawyers  (2007 to Present)
  
  • Top Ten Attorneys in West Virginia (2021 to Present) 
  • Top Ten, Ranked Number One in West Virginia (2009 - 2018)
  • Top Ten, Ranked Number Two in West Virginia (2008, 2019)
  • Top Ten, First Edition (2007)
• AV Preeminent® Peer-Review Rated by Martindale-Hubble®
• West Virginia Bar Foundation, Fellow (Inducted 2003)
• Fourth Circuit Judicial Conference, Permanent Member
• American Inns of Court, Judge John A. Field, Jr. Chapter (Charter Member)
• Listed, Chambers USA, Litigation: General Commercial (2004 - 2026)
• Listed, Irish Legal 100 (2018)
• Outstanding Service Award - DTCWV
• Outstanding Service Award - West Virginia State Bar
• WVU College of Law Lawyers & Leaders (2023)