West Virginia Association for Justice
2023 Mid-Winter Convention and Seminar
February 2 – 3, 2023
Seminar Faculty
Judge Jennifer Bailey
Judge Jennifer Bailey has served as a judge for Kanawha County’s 13th Judicial Circuit since her appointment to the bench in 2002. Currently, she is the longest serving circuit court judge in the state. Judge Bailey was in private practice in Charleston 1980 – 1993, completing that practice as a partner with the firm of Hamb, Poffenbarger, and Bailey. While in private practice, she also worked as legislative counsel in both the West Virginia State Senate and House of Delegates. In 1993, she became the first full-time attorney for the West Virginia State Senate, serving as counsel for the Senate Judiciary Committee. Judge Bailey is a graduate of Hollins College and earned her J. D. from the West Virginia University College of Law. She also completed courses at the University of Paris (Sorbonne) and l’institut ‘d’etudes politique de Paris. She is the current president of the West Virginia Judicial Association.
Sen. Craig Blair (invited)
Sen. Craig Blair has served in the West Virginia State Senate since 2012, and he was elected Senate President in 2020. Prior to his election to the State Senate, he served as a member of the West Virginia House of Delegates 2002 – 2008. He is a graduate of James Rumsey Vocational Center.
F. Paul Bland
Paul Bland is the executive director of Public Justice, a national, nonprofit advocacy organization that takes on corporate abuses, predatory practices, and the assault on civil rights and liberties, and ensures that all Americans can exercise their right to have their day in court. Public Justice uses high-impact litigation, strategic communication, and advocacy to advance its goals. Paul joined Public Justice in 1997 as a staff attorney and was named executive director in 2014. Paul has argued and won more than 40 cases that led to reported decisions for consumers, employees or whistleblowers, including one victory in the U.S. Supreme Court, and has won one or more cases in six of the U.S. Courts of Appeals and the high courts of ten different states. He received the Pound Institute’s 2017 Appellate Advocacy Award and was the 2006 recipient of the National Consumer Law Center’s Vern Countryman Award. Paul is a graduate of Georgetown University and earned his J. D. from Harvard Law School. Prior to joining Public Justice, Paul was Chief Nominations Counsel for the U. S. Senate Judiciary Committee and practiced with the Maryland firm of the late Kieron Quinn.
Thomas P. Boggs
Thom Boggs is a partner in the Huntington firm of Duffield, Lovejoy and Boggs. His practice areas include personal injury; products liability; automobile, motorcycle and commercial truck injuries; workplace injuries; and insurance claims. He is a graduate of Marshall University Community and Technical College and earned a Regents Bachelor of Arts from Marshall University. He earned his J. D. at the West Virginia University College of Law.
Del. Moore Capito (invited)
Del. Moore Capito has represented Kanawha County in the West Virginia House of Delegates since his election in 2016. He was named chairman of the House Judiciary Committee in 2020. Delegate Capito is a graduate of Duke University and earned his J. D. from Washington and Lee University. He is an attorney in the Charleston office of Babst Calland.
Kristin Chess
Kristen Chess is a certified structured settlement consultant in the Cleveland office of NFP Structured Settlements. as settled a wide variety of case types, including truck and auto liability, products liability, general liability, employment liability, medical malpractice, workers’ compensation, mass tort settlements, attorney fee structures and structured sales. She also specializes in handling Medicare Set Aside accounts for workers’ compensation and liability settlements. She earned her certification in 2005 from the University of Notre Dame. She began working in insurance in 1996 and is also a licensed life and health insurance agent. Kristin is a graduate of Concordia College.
L. Dante’ diTrapano
Dante’ diTrapano is a partner with the Charleston firm of Calwell, Luce, diTrapano. His practice areas include personal injury, wrongful death, medical malpractice, products liability, trucking wrecks, inmate injuries and premises liability. He earned an undergraduate degree from West Virginia State University and first worked in the legal industry as an investigator for his father’s law firm, DiTrapano and Jackson. That work led him to law school, and he earned his J. D. from John Marshall Law School. He is also a graduate of the University of Virginia School of Law’s Trial Advocacy College.
David Duffield
David Duffield is the managing partner of the Huntington law firm of Duffield, Lovejoy and Boggs. His practice areas include personal injury and death claims, product liability, workplace injury, automobile and motorcycle accidents and insurance claims. Dave has been a state leader in law office technology since the 1980s. He chaired the effort that created Technet, the first pre-Internet legal research and email system for state attorneys. He was selected by the West Virginia Supreme Court to advise and assist its technology committee, which developed video conferencing for state courtrooms. David has presented numerous programs on law office technology since 1993. David is a graduate of West Virginia University and the WVU College of Law.
Judge Richard Facemire
Judge Richard Facemire was elected as a judge for 14th Judicial Circuit Court, currently comprised of Braxton, Clay, Gilmer and Webster counties, in 2000 and has served since that time. He began his legal career as a clerk for the U. S. Bankruptcy Court for the Northern District of West Virginia. He served as a clerk in both the Northern and Southern Districts of the U. S. Federal Courts in West Virginia. He is a former Deputy Attorney General and served as Clay County’s Prosecuting Attorney 1985 – 1992. He entered private practice in Braxton County in 1992 and worked as an attorney there until his election to the bench. He is a graduate of West Virginia Wesleyan College and earned his J. D. from the Antioch School of Law in Washington D. C.
W. Jesse Forbes
Jesse Forbes is an attorney with Forbes Law Offices in Charleston. He represents victims of violent crimes and serious injuries, and has represented victims of abuse against churches, schools and other entities. His cases have been featured in national news media including the New York Times, the Wall Street Journal, CNN, ABC News, MSNBC, and others. Jesse has also handled serious and complex criminal cases including first degree murder and other serious felonies. Jesse is a former mental hygiene commissioner for Kanawha County and has served as a guardian ad litem for abused children in hundreds of cases. He is a member of the West Virginia Supreme Court’s Juvenile Justice Commission; the Kanawha County Deputy Sheriffs Civil Service Commission; and is the chair of the Kanawha County Community Corrections board. Jesse is a graduate of West Virginia University and earned his J. D. from the Wake Forest University School of Law.
Del. Joey Garcia (invited)
Del. Joey Garcia has represented Marion County in the West Virginia House of Delegates since his election in 2020. He served as deputy general counsel and legislative director for Gov. Earl Ray Tomblin 2012 - 2016. He also served as Gov. Jim Justice’s senior counsel for legislation and policy in 2017. Delegate Garcia is a graduate of West Virginia University and earned his J. D. from the WVU College of Law. He is now an attorney with Manchin Injury Law Group in Fairmont.
Fred Goldsmith
Fred Goldsmith is the managing partner of the Pittsburgh-based law firm, Goldsmith and Ogrodowski and is licensed to practice in Pennsylvania, West Virginia, Ohio and Massachusetts. He has more than 30 years of experience as an attorney, including serving as a law clerk for a federal district court judge, as a defense lawyer, as in-house counsel, and the last 12 years as a plaintiffs’ attorney. His current practice areas include admiralty and maritime law, oilfield, insurance, dram shop law, personal injury and death, motorcycle injury, and commercial cases. He is an approved mediator in both West Virginia and Pennsylvania, and he is a mediator, arbitrator, and early neutral evaluator for the U. S. District Court for the Western District of Pennsylvania. Fred earned both his undergraduate degree and J. D. from Tulane University. Before entering law school, Fred worked in television news as a reporter and cameraman.
Joseph Gonzales, Ph.D.
Joseph Gonzales has worked with Physicians Life Care Planning for five years and is the business development associate for the Mid-Atlantic region, including West Virginia. He has presented sessions on life care planning and damage evaluation services for numerous organizations including the American Academy of Physician Life Care Planning; the American Academy of Physical Medicine and Rehabilitation; and state trial lawyer associations in Delaware, Maryland, Pennsylvania, New Jersey, South Carolina and Virginia. Dr. Gonzales is a graduate of Rice University. He earned his M. A. and Ph.D. from Temple University.
William Goodman
Bill Goodman is the founder and president of NFP Structured Settlements and has more than 30 years of structured settlement experience. He assists plaintiffs’ attorneys and their clients in utilizing periodic payment products as a successful settlement tool for liability, medical malpractice, workers’ compensation, sexual assault, employment and environmental cases. He has extensive knowledge about complex financing, trusts and the integration of public benefits that are often critical in reaching a settlement. He earned designation as a certified settlement consultant from the National Settlement Consultant Trade Association and the University of Notre Dame. He is a graduate of Hamilton College and earned a Master’s degree in law from Champlain College. In addition to his work with NFP, he manages NDC Advisors, a trust administration company.
Monica Haddad
Monica Haddad’s mediation practice focuses on civil litigation matters and workplace disputes, and she has mediated more than 1,500 legal disputes throughout West Virginia. She practiced law more than 20 years as a litigator, representing clients and insureds in a variety of cases including personal injury, products liability, employment contracts, and insurance claims. Monica has completed advanced mediation training provided by the National Association of Distinguished Neutrals. As chair of the West Virginia State Bar’s Alternative Dispute Resolution Committee, she has planned and implemented the annual basic and advanced mediation trainings it offers. Monica is a graduate of West Virginia University and earned her J. D. from the WVU College of Law. She serves as the supervising attorney for the law school’s General Practice Clinic.
Speaker Roger Hanshaw (invited)
Speaker Roger Hanshaw has represented Clay County in the West Virginia House of Delegates since 2014. He was elected Speaker of the House in 2018. He is a partner with the Charleston firm of Bowles Rice. Speaker Hanshaw is a graduate of West Virginia University and earned his J. D. from the WVU College of Law. He also earned a Ph.D. in Chemistry from the University of Notre Dame. He is a certified professional parliamentarian.
Cynthia Loomis Hardesty
Cynthia Loomis Hardesty opened Loomis Law Office in Salem, West Virginia in 2008. Her practice areas include personal injury, civil litigation, probate issues, surface rights, and mineral leasing. She began her legal career as a clerk for the late Judge Robert L. Holland, Jr., judge for West Virginia’s 3rd Circuit Court. She also served as a part-time, assistant prosecuting attorney for Doddridge County. She is a graduate of West Virginia University and earned her J. D. from the WVU College of Law.
Michael Herman, MD
Dr. Michael Herman began MedMal Consulting in 1992. It has assisted plaintiff attorneys for more than 30 years with physician medical litigation reviews and expert witness referrals in medical malpractice, nursing home neglect and personal injury cases. Dr. Herman is a graduate of Northeast Ohio Medical University. He completed his rotating internship at St. Thomas Medical Center in Akron, Ohio, where he was named Resident of the Year for his outstanding clinical skills. He trained in a residency in anesthesiology at Case Western Reserve University/University Hospitals of Cleveland, Ohio. He focused on major vascular anesthesia and worked six months in high-risk obstetrics anesthesia and was part of a team that published on epidural anesthesia for labor. He completed a fellowship in critical care medicine and trauma at the University of Miami/Jackson Memorial Hospital/Ryder Trauma Center in Miami. Prior to beginning his consulting firm, he served as the director of the Cardiothoracic Intensive Care Unit and the Surgical Intensive Care Unit at a northeast Ohio teaching hospital.
Andrea Hinerman
Andrea Hinerman is the senior lawyer disciplinary counsel for the West Virginia Office of Disciplinary Counsel. She joined the Office of Disciplinary Counsel in 2004 and was named senior lawyer disciplinary counsel in 2008. Andrea served as a clerk for Judge Irene Berger when Judge Berger served as a circuit court judge in Kanawha County. She also served as a clerk to the late Judge Robert E. Maxwell. senior district judge for the United States District Court for the Northern District of West Virginia. She worked in private practice in the eastern panhandle. Andrea is a graduate of West Virginia University and earned her J. D. from the WVU College of Law.
Jeff James
Jeff James is the author of Giving Up Whiteness: One Man’s Journey. A reviewer said that the book “offers a hard look at history, the racial invention of whiteness, the structures built around the protection of white supremacy, and a hopeful posture toward a more beautiful world where racism is confronted, condemned, and overcome.” Another wrote that the book “offers a compelling and unique perspective on why our culture continues to stumble on our journey to equality. This book will make you think about race and racism in a different way.” Jeff has been a leader in the technology, marketing consulting, and publishing industries for more than 30 years. He held numerous marketing leadership roles at Microsoft Corporation; launched and managed Mythology, a strategic marketing consulting firm; and was a vice president and publisher of business and leadership books and e-courses for HarperCollins Publishers. His lifelong interest in diversity, inclusion and innovation led him to co-found Create West Virginia, a non-profit initiative to advance innovation economy opportunities in his home state. Currently he is a professor of marketing at Eastern University in St. Davids, PA, and practices diversity, innovation, leadership, and marketing consulting. Jeff earned an M. S. in Labor Relations from West Virginia University. He is completing a Ph.D. in organizational leadership from Eastern University.
Chad Lovejoy
Chad Lovejoy is a partner with the Huntington firm of Duffield, Lovejoy and Boggs. His practice areas include personal injury and death cases, products liability, workplace injury, vehicular wrecks, and insurance claims. He is admitted to practice in West Virginia, Kentucky and Ohio. He is a graduate of West Virginia University and earned his J. D. from the WVU College of Law. Chad represented Cabell County in the West Virginia House of Delegates 2016 – 2022. He is the vice president of the West Virginia Association for Justice and a member of its Amicus Committee.
Sam Madia
Sam Madia is a partner at the Shaffer Madia law firm, which has offices in both Clarksburg and Morgantown. His practice areas include automobile and truck collisions, personal injury, workplace injury and death, and insurance law. He began his legal career as an associate with West Virginia’s largest litigation defense firm, defending more than 500 civil lawsuits, including serious injury and wrongful death claims. Since forming Shaffer Madia in 2015, Sam has represented plaintiffs who have been injured or wronged exclusively. Sam is a graduate of West Virginia University and earned his J. D. from the WVU College of Law.
Anthony Majestro
Anthony Majestro is the managing partner of the Charleston law firm of Powell and Majestro. He leads the firm's state and federal appellate practice section as well as complex litigation in products liability, wrongful death and consumer protection. Currently, he is one of the attorneys leading federal opioid litigation nationally. Tony is a graduate of West Virginia University and earned his J. D. from Georgetown University Law Center. Following law school, he served as a law clerk to the Honorable Thomas A. Clark of the United States Court of Appeals for the Eleventh Circuit. He is a past president of the West Virginia Association for Justice and serves on the association's amicus committee. He is a board member of the American Association for Justice.
Michelle Marinacci
Michelle Marinacci is an attorney with the Moundsville firm of Gold, Khourey, and Turak, specializing in medical malpractice and insurance law cases. She began her legal career as an associate with a Charleston defense firm representing insurance, doctors, hospitals, pharmaceutical corporations, governmental entities in civil litigation. She left defense practice to serve as clerk and chief of staff for former West Virginia Supreme Court Justice Brent Benjamin. She is a member of the West Virginia Association for Justice Amicus Committee. Michelle is a graduate of West Virginia University and earned her J. D. from the Florida State University College of Law.
Christopher Prezioso
Christopher Prezioso joined the United States Attorney’s Office for the Northern District of West Virginia in 2018 as its Civil Division Chief. In that position, he has active as lead counsel in a variety of civil matters including civil prosecution of Affirmative Civil Enforcement cases. He also serves as the office’s Civil Health Care Fraud Coordinator, managing civil health care related cases brought under the False Claims Act and Controlled Substances Act. Chris was in private practice prior to joining the U. S. Attorney’s Office. He is a graduate of Fairmont State University and the West Virginia University College of Law.
Michael J. Romano
Michael Romano’s Clarksburg law practice handles complex litigation in both West Virginia and federal courts. He represents individuals and small businesses in personal injury, insurance disputes and business litigation. Also a certified public accountant, he is a former federal officer with the U. S. Securities and Exchange Commission in its divisions of Enforcement and Corporate Finance, assisting with civil and criminal prosecutions of securities fraud. Michael represented Harrison County in the West Virginia State Senate 2014 – 2022. He is also a former Harrison County Commissioner. Mike is a graduate of West Virginia University and earned his J. D. from the WVU College of Law. Mike is a past president of the West Virginia Association for Justice.
Phil Saunders
Phil Saunders is a founding partner of NDC Advisors, a trust administration company that manages more than 2000 trusts with $1.6 billion in assets. Phil earned both an M.P.A. and J. D. from Rutgers University. He began his professional career as an attorney working on estate planning and disability-related issues. His experience includes working as a trust associate for Merrill Lynch and as executive director of the ARC Community Trust, a pooled special needs trust. As senior vice president for Harleysville National Bank, he established a settlement consultant division.
Dorothy Clay Sims
Dorothy Clay Sims is an attorney in Ocala, Florida, and is one of America’s leading trial lawyers. She also consults with attorneys throughout the country to provide methods of expert testimony cross- examination and also conducting cross-examination of expert witnesses. She began her legal career in Kentucky following in the footsteps of her grandfather, John Y. Brown Sr., representing injured coal miners. She expanded her practice, representing other injured workers who were denied medical care. She is a co-founder and past president of Florida Workers’ Advocates, that state’s first workers compensation insurance watchdog group, and she was the first woman elected to chair the Florida Bar’s Workers Compensation Section. She is the author of Exposing Deceptive Defense Doctors, which was a best-seller for three years. She has also authored chapters in other books alongside David Ball, Don Keenan and Michael Freeman. She has presented seminar sessions in 48 states and internationally. Dorothy is a graduate of the University of Florida and earned her J. D. from the University of Florida’s Levin College of Law. She also studied international law at Oxford University.
Chuck Steele
Chuck Steele is the managing partner of Steele McMunn in Clarksburg. He has more than 30 years of experience representing plaintiffs and defendants in several practice areas including personal injury, wrongful death, products liability, insurance claims, catastrophic industrial accidents, medical malpractice, and toxic torts. A trained mediator and member of the National Academy of Distinguished Neutrals, Chuck lectures on mediation and alternative dispute resolution. He is a member of the West Virginia Office of Disciplinary Counsel, serving on its Hearing Panel Subcommittee. Chuck is a graduate of the West Virginia University College of Law.
Judge Joanna Tabit
Judge Joanna Tabit has served as a circuit court judge for Kanawha County’s 13th Judicial Circuit since her appointment in 2014. She began her legal career as a clerk to former West Virginia Supreme Court Justice Thomas McHugh. She then served as an assistant and Deputy Attorney General for the West Virginia Attorney General’s Appellate Division. She joined the Charleston law firm of Steptoe and Johnson in 1992 and practiced there until her appointment to the bench. Judge Tabit is a graduate of Marshall University and earned her J. D. from the West Virginia University College of Law.
Sen. Charles Trump (invited)
Sen. Charles Trump has served in the West Virginia State Senate and as chair of its Judiciary Committee since his election in 2014. Prior to his election to the State Senate, he served as a member of the West Virginia House of Delegates 1992 – 2006. He served as the Republican House Minority Leader 1998 – 2006. Senator Trump practices at the law firm of Trump and Trump, which has offices in both Berkeley Springs and Martinsburg. He is a graduate of Princeton University and earned his J. D. from the West Virginia University College of Law.
Jay Vaughn
Jay Vaughn is a partner with the Louisville firm of Hendy, Johnson, Vaughn and Emery and practices in Kentucky and Ohio. His practice is focused on personal injury, car wreck, trucking crash, traumatic brain injury and wrongful death cases, and Jay was one of the first attorneys to be board certified in truck accident law by the National Board of Trial Advocacy. He has presented continuing legal education sessions to both regional and national audiences on a variety of topics, including traumatic brain injury. Jay is a graduate of Murray State University and earned his J. D. from Northern Kentucky University’s Salmon P. Chase College of Law. He is a board member for both the Kentucky Justice Association and the American Association for Justice.
Sarah Wagner
Sarah Wagner has served as an Assistant United States Attorney in the Northern District of West Virginia since 2014. Her case load includes a variety of cases, but focuses on civil rights violations, white collar crimes including diversion of controlled substances by medical professionals, firearms crimes and child exploitation crimes. She also serves as the office’s point of contact for appellate cases and as the Criminal Civil Rights Coordinator. Prior to her current position, she served as a law clerk to Robert B. King, circuit judge for the Fourth Circuit Court of Appeals. She also worked as an associate for Allan N. Karlin and Associates in Morgantown. She is a graduate of West Virginia University and earned her J. D. from the WVU College of Law.
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