Mychal Schulz is a Partner in the Labor and Employment and Litigation Departments. Mychal has extensive experience litigating matters in state and federal courts throughout West Virginia. He has been lead trial counsel in both state and federal court on officers and directors liability, product liability, premises liability, insurance, commercial, consumer protection, employment and criminal matters. He has appeared before the West Virginia Supreme Court of Appeals and the United States Circuit Court for the Fourth Circuit.
Memberships & Affiliations
· American Bar Association
· Defense Research Institute
· West Virginia Bar Association
· Kanawha County Bar Association
· Defense Trial Counsel of West Virginia
· Saint Thomas More Catholic Lawyers Society
Distinctions
· Peer Review Rated in Martindale-Hubbell
Experience
Insurance Company ERISA Claims
Large Insurance Company
Disability claims under ERISA
Ours v. Arcure, et al.
American General Life Insurance Company, American Franklin Life Insurance Company
Defense of suit involving allegations of negligent and intentional misrepresentation; breach of West Virginia Unfair Trade Practices Act; and negligent training
Murphy v. Kanawha River Terminals, et al.
Kanawha River Terminals, Inc.
Defense of trucking accident suit which included allegations of civil conspiracy
West Virginia Flood Litigation
Several Large Coal Companies
Representation of coal mining companies in suits involving issues of premises liability and nuisance as a result of flooding
Salamie v. TD Ameritrade
TD Ameritrade
Defense of suit alleging breach of contract, negligence and fraud
Raines v. American Honda, Inc.
American Honda, Inc.
Defense of suit alleging breach of statutory requirements to establish a new car dealership
Kim v. Lumenis, et al.
Lumenis, Inc. and Coherent, Inc.
Defense of suit involving issues of product liability and spoliation of evidence
Environmental Compliance Counseling; Litigation
Speed Mining, Inc.
Issues related to identification and treatment of unfound oil and gas wells in course of longwall mining operations
Anonymous v. Spartan Mining Company, et al.
Spartan Mining Company
Defense of suit alleging age discrimination in failure to hire
Retail Store Chain v. Insurance Agency, et al.
Mid-Size Regional Retail Store Chain
Insurance broker malpractice concerning partially self-funded employee health benefit plan
Holcomb v. Spartan Mining Company
Spartan Mining Company
Defense of suit alleging age discrimination and gender discrimination in failure to hire
Hellems v. Durst Oil & Gas, Inc.
Local Natural Gas Well Driller and Service Company
Alleged water well contamination from drilling natural gas well
Erwin v. West Virginia American Water Company, Inc., (Cabell County, WV 07-C-1067)
West Virginia American Water Company, Inc.
Defense of suit alleging wrongful termination, workers' compensation discrimination/retaliation, and workers' compensation fraud. Beneficial compromise reached following successful motion for summary judgment on liability and damage issues.
Publications
July 22, 2011, Wrongful Discharge Cases May Carry Heavy Price Tag
July 1, 2010, E-mail, Texting and Privacy Rights in the Workplace
May 12, 2010, "The Problem of Duplicative Punitive Damages in West Virginia Wrongful Discharge Cases," Defense Trial Counsel of West Virginia Annual Notebook of Articles
April 20, 2010, Whistleblower Provisions in the Patient Protection and Affordable Care Act
Presentations
February 23, 2012, Shale Gas Operations: Regulatory Update and Preparing for Likely Damage Claims