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Attorneys

Joshua I. Barrett 
Charleston, West Virginia
Member
phone (304) 342-0133
fax (304) 342-4605
email Email Me

Joshua I. Barrett is a member of DiTrapano Barrett & DiPiero, PLLC. Previously, he had been a partner in DiTrapano & Jackson, having joined that firm in 1981. He was a law clerk to the Hon. K.K. Hall, United States Circuit Judge for the Court of Appeals for the Fourth Circuit from 1979 to 1980, and also served briefly thereafter as a litigation coordinator for the West Virginia Legal Services Plan, Inc., before joining DiTrapano & Jackson.

Mr. Barrett received his Juris Doctor degree from West Virginia University College of Law in 1979, where he was a member of the Order of the Coif, a Recipient of the West Virginia Law Review Literary Award (1979), and also served as Research Editor of the West Virginia Law Review (Vol. 81.). His undergraduate degree is from Wesleyan University, Middletown, Connecticut.

Mr. Barrett is admitted to practice in the West Virginia Supreme Court of Appeals, United States District Courts for the Northern and Southern Districts of West Virginia, the United States Court of Appeals for the Fourth Circuit, and the Supreme Court of the United States. He is a member of both the Kanawha County (West Virginia), the West Virginia State Bar and the American Bar Associations (Business Law Section and Litigation Section), as well as the American Association for Justice. Mr. Barrett previously has served as Adjunct Instructor of Environmental Law, West Virginia University College of Law. Mr. Barrett has lectured in numerous Continuing Legal Education seminars.  From 2005 to 2008, Mr. Barrett served on the Board of Governors of the West Virginia State Bar.

Mr. Barrett devotes a substantial amount of his practice to commercial litigation in both state and federal courts and commercial arbitrations. In addition to handling contract disputes, he has served as trial and appellate counsel in major cases involving claims of fraud, negligent misrepresentation, and tortious interference with business relationships. His experience includes class actions, and complex litigation against lenders and accounting firms, as well as corporate litigation relating to shareholder disputes and officer and director liability.

A substantial part of Mr. Barrett's practice relates to coal mining and related injuries. He has obtained substantial recoveries on behalf of injured miners and for families of those killed in mining fatalities. He has successfully represented landowners whose properties have been damaged by improper mining activities. His extensive knowledge of the coal industry and its practices has been put to use in a variety of commercial claims involving mining contracts and relationships.

Mr. Barrett's practice has covered a wide span of issues in his more than twenty five years of practice. He has handled, and continues to handle practically every type of civil litigation, from industrial injuries and fatalities to medical malpractice and products liability; from commercial disputes to estate litigation and property claims; from consumer fraud to environmental litigation. Mr. Barrett is one of very few lawyers listed in The Best Lawyers in America in two separate categories: personal injury and environmental law.  Mr. Barrett also was selected for inclusion in the 2008 West Virginia Super Lawyers in the "personal injury plaintiff" category. He is rated "AV" by Martindale-Hubbell.

Areas of Practice:
Business Torts & Commercial Litigation
Litigation & Appeals
Personal Injury -- Plaintiff
Litigation Percentage:
100% of Practice Devoted to Litigation
Bar Admissions:
West Virginia, 1979
U.S. District Court Southern District of West Virginia, 1979
U.S. District Court Northern District of West Virginia, 1980
U.S. Court of Appeals 4th Circuit, 1980
U.S. Supreme Court, 2000
Education:
West Virginia University College of Law, Morgantown, West Virginia, 1979
J.D.


Wesleyan University, Middletown, CT, 1971
B.A.


Published Works:
Longwall Mining and SMCRA--Unstable Ground for Regulators and Litigants, 94 West Virginia Law Review 693, 1992


Citizen Participation in the Regulation of Surface Mining, ,81 West Virginia Law Review 625, 1979


Valid Existing Rights in SMCRA, 5 Journal of Mineral Law and Policy 585, Co-author, 1990


Pennsylvania Coal Company v. Mahan Revisited: Is the Federal Surface Mining Act a Valid Exercise of the Police Power or an Unconstitutional Taking?, 16 Tulsa Law Journal 418, 1981


The Commerce Clause and the Tenth Amendment at Odds: Can the Federal Surface Mining Act Survive National Leaguer of Cities?, 8 Northern Kentucky Law Review 107, 1981


Classes/Seminars Taught:
Adjunct Lecturer in Environmental Law, West Virginia University College of Law


Professional Associations and Memberships:
West Virginia State Bar Board of Governors, May 1, 2005 - May 1, 2008
Member


West Virginia Law Institute Business Corporation Act
Member, Advisory Committee


Lawyer Specialization Commission of the West Virginia State Bar, 1998 - 1999
Member


American Bar Association
Member


American Bar Association, Business Law Section
Member


American Bar Association, Litigation Section
Member


American Association for Justice
Member


Kanawha County Bar Association
Member


Past Employment Positions:
Hon. K.K. Hall, United States Circuit Judge, Court of Appeals for the Fourth Circuit, Law Clerk, 1979 - 1980


West Virginia Legal Services Plan, Inc., Litigation Coordinator


The personal injury lawyers at DiTrapano, Barrett & DiPiero serve clients throughout West Virginia, including Charleston, Huntington, Beckley, Parkersburg, Morgantown, Hurricane, Logan, Williamson, Welch, and Princeton in West Virginia.


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