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Attorneys

Sean P. McGinley 
Charleston, West Virginia
Member
phone (304) 342-0133
fax (304) 342-4605
email Email Me

Mr. McGinley is an experienced trial and appellate lawyer.  He represents clients in personal injury cases, commercial and business litigation, and class actions.

Mr. McGinley was raised in Morgantown, West Virginia, and understands West Virginia's working families:  his father as a young man worked in steel mills, his grandfather worked in the oil industry.  His family also includes coal miners, firefighters and teachers.  Mr. McGinley attended college at Oberlin College in Oberlin, Ohio, receiving an A.B. degree in 1987.  He was accepted into Oxford University (Keble College) in Oxford, England, where he studied law and obtained an honours degree in Jurisprudence. After obtaining his law degree at Oxford, he returned home to West Virginia where he worked at the Supreme Court of Appeals of West Virginia as a judicial law clerk, from 1990 through 1993.  At the Supreme Court, Mr. McGinley clerked both for Chief Justice Thomas E. McHugh, and Justice Thomas B. Miller.  From 1994 through 1995, Mr. McGinley was a law clerk to the Hon. Charles H. Haden, II, Chief Judge of the United States District Court for the Southern District of West Virginia.  He has been with the firm since October of 1995.

Mr. McGinley has considerable trial and litigation experience, including:

  • wrongful death and personal injury cases where he has represented the families of coal miners, loggers and other victims of industrial acidents;
  • medical malpractice, where he has represented the families and victims of malpractice, including representation of the victims of the notorious Dr. John King;  
  • complex class actions in West Virginia, including (1) successful class actions for consumers against against computer giant Microsoft, (2) on behalf of stockholders who sued to recover losses in the Keystone Bank collapse, and (3) for natural gas leaseholders who sued a large gas company for upaid royalties.  

In addition, Mr. McGinley has successfully prosecuted many appeals to the Supreme Court of West Virginia where the Supreme Court has on a number of occassions agreed with and found persuasive his arguments on complex or new issues of law.  

Mr. McGinley has been a member of the Governing Council of the West Virginia Law Institute since 2001.  He is a member of the American Bar Association and the American Association for Justice. He also is a member of both the West Virginia and Kanawha County Bar Associations. Mr. McGinley has lectured media organizations on First Amendment and defamation issues.

Mr. McGinley and his wife, Ana G. Marino, have two sons, Liam Patrick McGinley, and Colin Sean McGinley.  They reside in Charleston. 

Year Joined Organization:
1995
Areas of Practice:
Litigation & Appeals
Business & Commercial Law
Personal Injury -- Plaintiff
Communications & Media Law
Constitutional Law
Professional Malpractice Law
Ethics & Professional Responsibility
Environmental Law
Employment Law -- Employee
Litigation Percentage:
100% of Practice Devoted to Litigation
Bar Admissions:
West Virginia, 1991
U.S. District Court Southern District of West Virginia, 1991
U.S. District Court Northern District of West Virginia, 1999
U.S. Court of Appeals 4th Circuit, 1996
Education:
Oxford University Faculty of Law, Oxford, England, 1990
B.A. (Hons), Jurisprudence
Honors: With Honors


Oberlin College, Oberlin, OH, May, 1987
A.B.
Major:  History
Major:  Government


Published Works:
West Virginia's Very Own Celotex Trilogy: A Series of Recent Opinions by the Supreme Court of Appeals of West Virginia Reveals that the Rumors of Rule 56's Death Were Greatly Exaggerated, 98 W.Va.L.Rev. 571, 1996


Representative Cases:
In Re: Charleston Gazette FOIA Request, 2008 WL 519078 (W.Va. 2008) (Supreme Court of Appeals of West Virginia 2008)
Wilkerson v. Target Corp., 578 F.Supp.2d 835 (S.D.W.Va. 2008) (United States District Court for Southern District of West Virginia 2008)
Keeney v. Charnock, 441 F.Supp.2d 769 (United States District Court for Southern District of West Virginia 2006)
West Virginia ex rel. McGraw v. Minnesota Mining & Mfg., 354 F.Supp.2d 660 (United States District Court for Southern District of West Virginia 2005)
Lawyer Disciplinary Board v. Moore, 591 S.E.2d 338 (Supreme Court of Appeals of West Virginia 2003)
Osborne v. United States, 567 S.E.2d 677 (Supreme Court of Appeals of West Virginia 2002)
Bradshaw v. Soulsby, 558 S.E.2d 681 (Supreme Court of Appeals of West Virginia 2001)
State ex rel. Rist v. Underwood, 524 S.E.2d 179 (Supreme Court of Appeals of West Virginia 1999)
Wooten v. Roberts, 518 S.E.2d 645 (Supreme Court of Appeals of West Virginia 1999)
Fitz water v. Harding, 510 S.E.2d 286 (Supreme Court of Appeals of West Virginia 1998)
Brown v. Carvill, 527 S.E.2d 149 (Supreme Court of Appeals of West Virginia 1998)
State ex rel. Charleston mail Association v. Ranson, 488 S.E.2d 5 (Supreme Court of Appeals of West Virginia 1997)
Cordial v. Ernst & Young, 483 S.E.2d 248 (Supreme Court of Appeals of West Virginia 1996)
Smith v. Stacy, 482 S.E.2d 115 (Supreme Court of Appeals of West Virginia 1996)
State ex rel. East End Association v. McCoy, 481 S.E.2d 764 (Supreme Court of Appeals of West Virginia 1996)
State ex rel. Suriano v. Gaughan, 480 S.E.2d 848 (Supreme Court of Appeals of West Virginia 1996)
Representative Clients:
Daily Gazette Company
The Associated Press
Coach Rich Rodriguez
Professional Associations and Memberships:
Governing Council, West Virginia Law Institute, 2001 - Present
Member


West Virginia State Bar, 1991 - Present
Member


American Bar Association
Member


American Inn of Court
Master


ABA, First Amendment and Media Litigation Committee
Member


American Association for Justice
Member


Kanawha County Bar Association
Member


Past Employment Positions:
Chief Justice Thomas E. McHugh and Justice Thomas B. Miller, Supreme Court of Appeals of West Virginia, Law Clerk, October 15, 1990 - December 31, 1993


Hon. Charles H. Haden, II, Chief Judge of the United States District Court for the Southern District of West Virginia, Law Clerk, January 1, 1994 - August 31, 1995


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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