Joe is a trial lawyer with a diverse litigation practice, who also engages in appellate advocacy, and advises clients on regulatory and government relations matters as a seasoned administrative law practitioner and principal of the firm’s public affairs subsidiary, CivicPoint.
In his litigation practice, Joe represents companies in state and federal courts across West Virginia in a wide array of matters, including contract disputes, construction litigation, class action litigation, shareholder derivative suits, employment actions, and insurance and bad faith claims.
Joe’s construction litigation experience spans the oil and gas, renewable energy, and commercial real estate industries. Joe also has extensive experience defending financial institutions and other creditors against alleged violations of state and federal consumer credit and protection laws, including “predatory lending” and debt collection claims.
In his regulatory practice, Joe combines his litigation skills with his government experience to advise and represent clients before various federal and state agencies, including the Federal Communications Commission and West Virginia’s Public Service Commission, Department of Health and Human Resources, Department of Environmental Protection, State Tax Department, Health Care Authority, and Office of the Insurance Commissioner.
As a principal in FBT’s government relations affiliate, CivicPoint, Joe also lobbies the West Virginia Legislature and executive branch officials on behalf of clients in various fields, including the natural gas, health care, pharmaceutical and gaming and entertainment industries.
Obtained judgment in favor of natural gas processor for $8.4 million after 4-week bench trial in which design-build team was found liable for repair and delay damages caused by defective design and construction of soldier-pile retaining wall. Successfully preserved said judgment on appeal to Supreme Court of Appeals of West Virginia, See Redstone International, Inc. v. J.F. Allen Company, et al, 2023 WL 3971863 (June 13, 2023).
Obtained dismissal of tort action seeking upwards of $20 million brought by pipeline contractor against midstream natural gas company on the grounds that that the contractor’s tort claims were within the scope of a mandatory forum selection clause that required actions filed under the contract between the parties to be brought in the midstream company’s home state.
Brought and defended mechanic’s lien actions arising from construction of natural gas pipelines.
Argued for and obtained dismissal of a shareholder derivative action in West Virginia Business Court that alleged mismanagement, self-dealing and breach of fiduciary duty by officer/director client.
Domestic Violence Survivors’ Support Group, Inc. v. West Virginia Department of Health and Human Resources, Office of Health Facility Licensure and Certification, 238 W.Va. 566, 797 S.E.2d. 543 (March 1, 2017). Secured decision from Supreme Court of Appeals of West Virginia reversing circuit court ruling upholding agency’s denial of a behavioral health center license to a non-profit domestic violence counseling center that was based upon the agency’s erroneous interpretation of its own licensure rules and related statutory provisions.
Defended scores of lawsuits brought in state and federal courts by borrowers against loan originators and servicers, alleging “predatory lending” and illegal debt collection practices, respectivey, in violation of the West Virginia Consumer Credit and Protection Act, the federal Fair Debt Collection Practices Act, and the federal Telephone Consumer Protection Act.
Extensive experience defending financial institutions in class action suits.
Federal Communications Commission
Federal Energy Regulatory Commission
West Virginia Public Service Commission
West Virginia Department of Environmental Protection
West Virginia Public Energy Authority
West Virginia Department of Natural Resources
The Catholic University of America, Columbus School of Law, J.D., 2002, cum laude
Georgetown University, B.A., Government & History, 1997
District of Columbia
United States District Court for the Southern District of West Virginia
United States District Court for the Northern District of West Virginia
West Virginia Supreme Court of Appeals and all lower State Courts
United States District Court for the District of Columbia
District of Columbia Court of Appeals and all lower D.C. Courts
Maryland Court of Appeals and all lower Maryland Courts
West Virginia State Bar
District of Columbia Bar Association
Maryland Bar Association
December 20, 2016