Executive Council

Tracey Eberling focuses her practice in the areas of labor and employment law and litigation, with a concentration in the defense of institutions, professionals, insurance companies and governmental entities. Ms. Eberling has tried numerous cases in the trial courts of Maryland and West Virginia, and has argued cases in the appellate courts of both states as well as the United States Court of Appeals for the Fourth Circuit. She is a member of the firm's General Litigation group, the Professional Liability and Long Term Care group and the Education Law team.

Key Experience

Defended employers in wage payment and collection and retaliation claims

Defended local law enforcement agency and officers in civil rights litigation

Sought dismissal of premises liability action for national retailer and a local board of education

Memberships & Awards

The Best Lawyers in America®

Defense Research Institute

Defense Trial Counsel of West Virginia

Chair, Pro Bono Committee, Washington County Bar Association

Volunteer of the Year, Martinsburg-Berkeley Chamber of Commerce 2006

Chairman, Board of Directors, Martinsburg-Berkeley County Chamber of Commerce

Immediate Past President, Board of Directors, Martinsburg-Berkeley Chamber of Commerce

Past President, Board of Directors, United Way of the Eastern Panhandle

Since admission to practice in West Virginia’s state and federal courts, Ms. Chapman has focused her practice in litigation. She has extensive experience in the defense of mass tort claims, premises owner and manufacturer, as well as the defense of personal injury, contract, and commercial litigation. She enjoys work on behalf of plaintiffs, including gender discrimination, sexual harassment, and race discrimination.

Ms. Chapman has extensive experience in education and administrative law. She is a founding member of the West Virginia Council of School Attorneys and was appointed to the West Virginia Board of Education by Governor Gaston Caperton for a nine-year term in 1996, twice serving as president. While on the State Board of Education Ms. Chapman served on the West Virginia School Building Authority, the West Virginia Secondary Schools Activities Commission, and chaired the search for the hiring of the State Superintendent of Schools. Ms. Chapman is a past president of the West Virginia State Bar (2009-2010). While serving as an officer of the State Bar, she sat on the Visiting Committee of the West Virginia University College of Law and on the Independent Commission on Judicial Reform. She is a Member of the National Conference of Bar Presidents and served on its Executive Council.

Dedicated to public service, Ms. Chapman has served on the boards of West Liberty University, the Wheeling Symphony Orchestra, and the Wheeling Symphony Orchestra Auxiliary. Ms. Chapman is married to Patrick S. Casey, and they have three children.

PAUL J. PRUNTY is a partner in Prunty Law Offices in Huntington, West Virginia, where he has a general practice with an emphasis on wills and estates, real estate, taxes and business and corporations. Mr. Prunty earned his bachelor of business administration degree from Marshall University and doctorate of jurisprudence from the University of Dayton School of Law. He is a member of the Cabell County Bar Association, West Virginia Bar Association, West Virginia State Bar, and Ohio State Bar Association.

Jessica Justice Stolarik served as the first Assistant Dean and Director of West Virginia Continuing Legal Education (WVCLE) which was jointly sponsored by the WVU College of Law and The West Virginia State Bar for 36 years.  With her leadership, WVCLE provided a comprehensive curriculum of courses for attorneys via live seminars throughout WV, multistate satellite delivered courses, the first online interactive live streaming WV legal seminars, the first summer school for attorneys, as well as the first video and digital library of courses designed for WV lawyers.  Before she retired in 2017, Jessica was responsible for raising funds to design and build a state-of-the-art addition to the College of Law for the WVCLE program.  She has served on several boards including the American Association of Law Schools CLE Committee, the national Association of Continuing Legal Education Administrators, the American Judicature Society, the West Virginia Law Institute, and the West Virginia Advocates.  Jessica served on the WV Supreme Court’s Gender Fairness Task Force and its Access to Justice Commission as well as numerous state bar committees.  She received The WV State Bar’s Certificate of Merit and is a WV Bar Foundation Fellow.  Jessica resides in Morgantown where she enjoys spending more time with her husband, Brian, and son, Bryan, and volunteers with activities for the benefit of children and adults with developmental challenges.

Education

J.D., West Virginia University College of Law (1987)
B.A., Psychology, West Virginia University (1981)

Admissions

Supreme Court of Appeals of West Virginia
U.S. District Courts for the Northern and Southern Districts of West Virginia

Before retirement from Bowles Rice LLP, Rebecca Tinder enjoyed a general law practice as both a solo practitioner in Morgantown, WV and Bluefield, WV and as a member of a small firm, Bell & Griffith, LLC. In 2000, Rebecca was drawn to Charleston to represent the West Virginia Board of Education and the West Virginia Department of Education (2000-2005), where she worked cooperatively with the Board and Department in the various areas of education and oversight. During her tenure at the Department, she eliminated the back log of pending licensure investigations and cases while maintaining an open-door policy as a resource for State Department and county education administrators. She was also instrumental in expanding the Department website to be more user-friendly and to include Superintendent Interpretations and West Virginia Ethics Commission Opinions.

During the private practice of law at Bowles Rice LLP (2005-2019), Rebecca travelled the state of West Virginia to assist in investigating complaints and representing county boards of education and higher education institutions in the various areas of education and labor law, including personnel, Human Rights Act complaints, sexual harassment complaints, student discipline issues, Ethics Act issues, open meetings law issues, reorganizations and school closures.

To assist in the prevention of complaints, Rebecca was involved in arming administrators, county boards of education and employees with information and advice through one-on-one, small group and large group trainings and workshops. Along with other members of the Education Law Group, she was a regular presenter at the Signature Series Workshops, which provided targeted legal instruction to education administrators in interactive, small group settings.

While at Bowles Rice LLP, Rebecca was a member of the Bowles Rice Education Law Group, listed as "Top Tier" in West Virginia for Education Law by U.S. News & World Report's 2018 Best Law Firms. In addition, Best Lawyers in America designated Rebecca as its 2017 Lawyer of the Year for Education Law in the metro area encompassing southern West Virginia.

In addition to her work with the Education Law Group, Rebecca practiced in the area of Labor and Employment law. As with her education practice, she largely focused on providing employers preventative advice and guidance, extensive employer training and assistance with workplace harassment, employee misconduct and hostile work environment investigations.

Honors

•  Women in the Law, by The Best Lawyers in America ®
• Named to The Best Lawyers in America ®, Education Law
• Best Lawyers in West Virginia
• 2017 Education Lawyer of the Year

Representative Cases

• West Virginia Board of Education v. Board of Education of the County of Nicholas, No. 17-0767) (October 10, 2017) (State Board of Education discretion)
• Louk v. Board of Education of the County of Braxton, No. 16-0321 (February 21, 2017) (probationary/ continuing contracts)
• Stewart v. Lincoln County Board of Education, No. 16-0123 (February 21, 2017) (service employee misclassification)
• Grace v. Mingo County Board of Education, No. 15-0525, 2016 WL 870597 (2016) (reinstating withdrawn grievance)
• Straley v. Putnam County Board of Education, No. 15-1207 (2016) (continuing damage/continuing practice)
• Ellison v. Fayette County Board of Education, No. 14-0344 (2015) (off-duty employee misconduct)

Presentations & Events

Presentation: How to Handle False Allegations: Responding to Allegations Against Employees by Rebecca M. Tinder
West Virginia Association of School Human Resource Officials: Spring Conference
Mercer County Technical Education Center, Princeton, West Virginia, April 25, 2019

Presentation: Stay in Your Lane: Board Member Roles, Responsibilities & Best Practices by Rebecca M. Tinder and Howard E. Seufer, Jr.
West Virginia School Board Association: Winter Conference
Charleston Marriott Town Center, Charleston, West Virginia, February 15, 2019

Presentation: School Board Meeting Issues by Rebecca M. Tinder and Howard E. Seufer, Jr. West Virginia Executive Secretaries Association
Bowles Rice LLP, Charleston, West Virginia, February 15, 2019

Presentation: We the People, the Citizens and the Constitution by Rebecca M. Tinder
West Virginia Summit for Educational Excellence: Science, Arts and Social Studies Academy Bridgeport Conference Center, Bridgeport, West Virginia, July 20, 2018

Presentation: What Public School Leaders Ought to Know About Recent Legislation and Related Legal Developments by Rebecca M. Tinder
West Virginia Association for Pupil Transportation
Glade Springs Conference Center, Daniels, West Virginia, July 19, 2018

Presentation: Solving the Mysteries of Service Employee Seniority and Experience: Multiclassified Jobs, Substitute Assignments & Other Head-Scratchers by Howard E. Seufer, Jr. and Rebecca M. Tinder West Virginia Association of School Business Officials: 2018 Spring Conference
Embassy Suites, Charleston, West Virginia, May 17, 2018

Presentation: Open Meetings and Setting Agendas by Rebecca M. Tinder West Virginia Municipal League Conference
Embassy Suites, Charleston, West Virginia, January 21, 2018

Presentation: FMLA Basics by Richard S. Boothby and Rebecca M. Tinder
West Virginia Association of School Human Resource Officials Fall Conference 2017
Cabell County Transportation Complex Training Center, Huntington, West Virginia, October 27, 2017

Presentation: Ignorance of the Law is No Excuse!, by Kimberly S. Croyle and Rebecca M. Tinder WV Association of School Business Officials
Canaan Valley Resort State Park, Davis, West Virginia, October 14, 2016

Presentation: The Pains of Payroll, by Rebecca M. Tinder
WV Association of School Business Officials
Canaan Valley Resort State Park, Davis, West Virginia, October 14, 2016

Presentation: Animals in Public Spaces, by Rebecca M. Tinder WV State Bar Government Lawyers Committee
State Bar Center, August 9, 2016

Presentation: We The People, by Rebecca Tinder
West Virginia Social Studies Conference
Erickson Alumni Center, Morgantown, West Virginia, June 15, 2016

Presentation: Lawyers as Leaders in the Community by Rebecca M. Tinder WV Bar Foundation Lawyer Leadership Institute
Stonewall Resort, Roanoke, West Virginia, May 14, 2016

Presentation: Where ARE these people? Leave Issues and Answers, by Richard S. Boothby and Rebecca M. Tinder
West Virginia Association of School Business Officials: Annual Spring Conference
Embassy Suites, Charleston, West Virginia, May 10, 2016

Presentation: Video Recordings: What You Need to Know, by Rebecca Tinder
West Virginia Department of Education Office of School Transportation: Spring 2016 Workshop Wingate by Wyndham, Bridgeport, West Virginia, April 12, 2016

Presentation: Let's Improve! Service Personnel Evaluations, by Rebecca Tinder
West Virginia Department of Education Office of School Transportation: Spring 2016 Workshop Wingate by Wyndham, Bridgeport, West Virginia, April 12, 2016

Presentation: Recent Legislation and Legal Developments Affecting Public Education, by Rebecca M. Tinder
West Virginia Association for Pupil Transportation: Annual Conference
The Resort at Glade Springs, Daniels, West Virginia, July 14, 2015

Presentation: Legal Issues, by Rebecca M. Tinder
West Virginia Association of School Facility Administration: Annual Conference Morgantown Event Center, Morgantown, West Virginia, July 13, 2015

Presentation: Lawyers as Leaders in the Community, by Rebecca M. Tinder Lawyer Leadership Institute, WV Bar Foundation: Annual Conference Stonewall Resort, Roanoke, West Virginia, May 16, 2015

Presentation: The Vagaries of County Board Participation in Social Networking, by Richard S. Boothby and Rebecca M. Tinder
West Virginia School Board Association: Annual November Meeting
Stonewall Resort, Roanoke, West Virginia, November 8, 2014

Presentation: Recent Legislation and Legal Developments Affecting Public Education, by Rebecca M. Tinder
West Virginia Association for Pupil Transportation: Annual Conference
Snowshoe Mountain Resort, Snowshoe, West Virginia, July 14, 2014

Presentation: The Role of the County Board of Education President in West Virginia, by Rebecca M. Tinder West Virginia School Board Association: Presidents Retreat
The Resort at Glade Springs, Daniels, West Virginia, July 11, 2014

Articles & Alerts

“When does a bill become law...?” by Rebecca Tinder
Legalities, West Virginia School Board Association, March 1, 2019

“What is a Good Time to Review and Revise the County Laterality Policy?” by Rebecca M. Tinder Legalities, West Virginia School Board Association, February 1, 2019

“Work Session Open Meeting” by Rebecca M. Tinder
Legalities, West Virginia School Board Association, January 25, 2019

Special Ed Connection: Rebecca Tinder discusses using clear language in the IEP Special Ed Connection, June 14, 2018

“May a Board Member Remain on the County Board of Education After Moving Out of the Magisterial District From Which He or She Was Elected? What if the Board Member Moves to an Adjoining County?” by Rebecca M. Tinder
Legalities, West Virginia School Board Association, February 2, 2018

"'Acceptable year of employment' - key consideration for county board school employee contractual considerations", by Rebecca M. Tinder
Legalities, West Virginia School Board Association, March 2017

“County Board Submission of Excess Levy Proposals to County Commissions”, by Rebecca M. Tinder Legalities, West Virginia School Board Association, October 2016

“Grievance Board Answers Questions Regarding Whether Employees’ Resignations Have to be in Writing," by Rebecca M. Tinder
Legalities, West Virginia School Board Association, February 2016

"What Should County Boards of Education Do in Light of the Recent West Virginia Supreme Court Decision Relating to the Freedom of Information Act, if Anything?," by Rebecca M. Tinder Legalities, West Virginia School Board Association, May 2014

"When Can the Superintendent Reduce the Discipline of a Student That Has Been Expelled by the Board?," by Rebecca M. Tinder
Legalities, West Virginia School Board Association, April 2014

"Does a Superintendent Need to Renew the Statement of Health, or Can the Board of Education Use the One that was Associated with the Superintendent's Previous Contract?," by Rebecca M. Tinder Legalities, West Virginia School Board Association, April 2013

Professional Affiliations

• American Bar Foundation Fellow
• West Virginia Bar Foundation Fellow
• West Virginia State Bar (Animal Law, Education Law and Government Lawyers committees)
• Kanawha County Bar Association
• Former Member, West Virginia Fatality Review Team, Region 1

Community/Civic Activities

• We the People Program (State Coordinator)
• Former Member, Vandalia Rotary Club (President)
• Former Member, Faculty Merit Foundation (Secretary)

Mark H. Hayes is a member of the law firm of Robinson & McElwee PLLC, in its Charleston office, and serves on the firm’s ethics and recruiting committees.  Mark’s practice in both West Virginia and Kentucky is focused on the defense of product liability claims, including asbestos, chemical exposure, and other serious and mass tort actions.  He represents a variety of clients across several industries including large and small manufacturers, oil and gas companies, distributors, service providers and trucking companies, and has been named a “Best Lawyer” for mass tort, class action and product liability defense.  He is a member of the International Association of Defense Counsel, and currently serves as the DRI State Representative for West Virginia and as a member of the Visiting Committee for the West Virginia University College of Law.  He previously has served as the president of the Defense Trial Counsel of West Virginia, chair of the West Virginia State Bar’s Unlawful Practice of Law Committee, and is a past president of the Cabell County (WV) Bar Association.

Mr. Ford’s primary practice is general litigation, including class actions, commercial litigation and business torts, product liability, deliberate intent, and employment-related matters.

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Education

• West Virginia University, B.A., summa cum laude, 2013
• West Virginia University, J.D., 2016

Experience

• Representing clients in numerous class action lawsuits, ranging from medical malpractice, fraud, and negligence claims to violations of the West Virginia Wage Payment & Collection Act
• Representing employers and commercial clients in deliberate intent, fatality, and serious personal injury litigation
• Representing health care clients in a wide variety of litigation
• Representing commercial clients in litigation concerning breach of contract, tortious interference, express and implied indemnity, and declaratory judgments
• Representing various state entities in litigation
• Representing product manufacturers and suppliers in construction litigation
• Representing employers and commercial clients in premises liability lawsuits
• Representing corporations in matters involving derivative claims, disputed dissolutions, and corporate governance issues
• Representing a state institution of higher learning in various matters involving claims made by students and staff members
• Representing employers in litigation involving discrimination and harassment
• Representing employers in developing employment policies, practices, and procedures
• Representing plaintiffs in litigation involving a catastrophic explosion

Distinctions

• JD Supra Readers' Choice Top Author, Product Liability Law, 2020
• Order of the Coif
• CALI Excellence Awards ­– Natural Resources, Bankruptcy, Sales & Secured Transactions, Contracts II
• 2015 American Bankruptcy Institute Medal of Excellence

Admissions

• West Virginia State Bar
• United States District Court for the Northern District of West Virginia
• United States District Court for the Southern District of West Virginia

Memberships

• American Bar Association
• West Virginia Bar Association
• Defense Research Institute

Carte's practice includes litigation and appellate advocacy, as well as advising clients on government relations, intellectual property matters and commercial transactions.

After serving as general counsel to the West Virginia governor from 2005-2009, Carte returned to his family law practice Goodwin & Goodwin, which he initially joined in 2000. In July of 2010, Carte was appointed to the United States Senate to fill the vacancy caused by the passing of a U.S. senator. He is currently serving on the United States – China Economic and Security Review Commission.

Carte serves as the Member-in-Charge of FBT's Charleston office. He is also a principal of CivicPoint, the firm's subsidiary.

Representative Experience

Representing clients in appeals and civil litigation throughout West Virginia’s state and federal courts.

Representing clients in mass and class action litigation.

Representing clients in various commercial transactions as well as the formation and organization of business entities.

Representing clients in government affairs.

Representing clients in the preparation and registration of federal trademark applications, license agreements and intellectual property litigation.

Education

Marietta College, B.A., Philosophy, magna cum laude 1996

The Emory University School of Law, Doctor of Law, 1999; Order of the Coif, Executive Notes & Comments Editor, Emory International Law Review, Authored “Live, In Concert and Beyond: A New Standard of Contributory Copyright Infringement.” 13 Emory Int’l L. Rev. 345 (1999).