Stuart A. McMillan

Stuart McMillan is chairman of the Bowles Rice Litigation Department. He practices with a focus on civil and appellate litigation, and he represents clients in both federal and state courts throughout West Virginia. He also has successfully defended mass litigation and class action lawsuits in both federal and state courts.

Stuart represents national corporate clients as well as regional and local businesses across many industries, including oil and gas, financial services and manufacturing. With a diverse practice, he has tried cases for products liability, commercial claims and lender liability claims. 

He has been recognized by the nation's major peer review organizations, including Chambers USA, The Best Lawyers in America ® and Super Lawyers. He also holds an AV-preeminent peer-review rating by Martindale-Hubbell.

In addition, Stuart is the firm’s General Counsel. He is a board member of the Network of Trial Law Firms.

• Bowles Rice General Counsel 
• Chairman, Bowles Rice Litigation Department
• Team Leader, Energy Litigation and Product Liability Defense

Recent Reported Cases

• Diana Mey, Individually and on Behalf of a Proposed Class v. All Access Telecom, Inc., in the United States District Court for the Northern District of West Virginia (Civil Action No. 5:19-cv-00237). Successfully defended class action against Lumens Technologies in a TCPA claim which sought billions of dollars in alleged damages.

• The County Commission of Fayette County, ex rel. Anthony Ciliberti v. Quercus West Virginia, LLC, et al., in the United States District Court for the Southern District of West Virginia (Civil Action No. 2:21-cv-00307). Secured dismissal of significant environmental claims in mass litigation pending in the Southern District of West Virginia.

• Christopher Fain; Zachary Martell; and Brian McNemar, Individually and on Behalf of all Others Similarly Situated v. Health Plan of West Virginia, Inc., et al., in the United States District Court for the Southern District of West Virginia (Civil Action No. 3:20-cv-00740). Successfully defended class action litigation on behalf of a health care insurer.

• Highmark West Virginia, Inc. v. Medtest Laboratories, LLC, et al., in the Circuit Court of Wood County (Civil Action No. 18-C-271). Prosecuted a multi-million dollar healthcare fraud case on behalf of Highmark before the Business Court of West Virginia.

• Kinsale Insurance Company v. JDBC Holdings, Inc., d/b/a The CBD Factory, in the United States District Court for the Northern District of West Virginia (Civil Action No. 3:20-cv-8). Successfully tried to verdict a commercial dispute before a federal jury.

• Blazine Monaco, Individually and on Behalf of all Others Similarly Situated v. WV Parkways Authority, in the United States District Court for the Southern District of West Virginia, (Civil Action No. 2:20-cv-00517). Successfully had a consumer class action dismissed in federal district court on behalf of the Parkways Authority.

• Lisa Fields v. City Insurance Agency, Inc., et al., filed in the Circuit Court of Mingo County, West Virginia, (Civil Action No. 21-C-27).  Dismissal of E&O claim. 

• Jane Yurish and Kristen Douty v. RSV NG, LLC, et al., filed in the West Virginia Supreme Court of Appeals, (Case No. 20-0722).  Outcome: memorandum decision affirming the Circuit Court's decision dismissing the claim against RSV and other Media respondents.
• Old White Charities, Inc. v. Bankers Insurance, LLC, filed in the United States Court of Appeals for the Fourth Circuit (Case No. 18-1914; 5:17-cv-01375). Successfully defended against state law claims of negligence, reasonable expectations and fraud.
• Elliott Land & Cattle Co., LLC et al. v. American Municipal Power, Inc., (Civil Action No. 16-C-24). Obtained multi-million dollar judgment for client in breach of commercial contract lawsuit.
• King v. The Poca Valley Bank, Inc., (Civil Action No. 16-C-42). Secured judgment and jury verdict for the defendant on all counts in fraud and predatory lending lawsuit.
• Thomas H. Flaharty, Trustee of the Chapter 11 Bankruptcy Estates of: Dennis Ray Johnson, II (Civil Action No. 3:16-BK-30227), et al. v. Peoples Bank, NA, et al. in the United States District Court for the Southern District of West Virginia Huntington Division, (Civil Action No. 3:17-cv-04220). Dismissal of RICO claims as a matter of law.
• Robert L. Mays Jr., in his capacity as Co-Executor and Beneficiary of The Estate of Lois B. Mays, v. Tamila Mays Williams, et al., in the Circuit Court of Putnam County, West Virginia, (Civil Action No. 17-C-96). Defendants, professional liability- voluntarily dismissed from the case.
• Anthony Guido III, v. Federal-Mogul Motorparts Corporation, d/b/a Wagner, et al. in the Circuit Court of Harrison County, West Virginia, (Civil Action No. 16-C-420). Products liability, favorable settlement.
• Eagle Pipeline, LLC, v. Columbia Gas Transmission, LLC, et al. in the Circuit Court of Wayne County, West Virginia, Business Court Division, (Civil Action No. 16-C-34). Commercial dispute, favorable settlement.
• United Bank, Inc. v. Clarence E. White, et al. (Civil Action No.: 14-C-571). Outcome: securing judgment order against CE White in a commercial case before the West Virginia Business Court.

• Tamra Jo Woodson, Richard W. Woodson  v. Tiffany Coleman, Baldemore Hernandez King's New York Pizza & Restaurant, LLC, a West Virginia limited liability company, Catlin Specialty Insurance Company, and State Farm Mutual Automobile Insurance Company, in the United States District Court for the Northern District of West Virginia, (Civil Action No. 1:16-CV-89).

• State of West Virginia ex rel., The Health Plan of the Upper Ohio Valley, and West Virginia Family Health Plan, Inc., and West Virginia Department of Administration et al. v. Honorable James C. Stucky, et al., in the Supreme Court of Appeals of West Virginia (Docket No. 15-0564).
• Hiram Lewis v. Jim Samples, Prosecutor of Clay County, in the Supreme Court of Appeals of West Virginia (Docket No. 13-0464). Appeal from final order of the Circuit Court of Clay County (Civil Action No. 12-C-29). Outcome: memorandum decision affirming Circuit Court decision granting summary judgment to Jim Samples (client).
• Trans Energy, Inc.; Republic Partners VI, LP; Republic Energy Ventures, LLC; and Prima Oil Company, Inc. v. EQT Production Company, in the United States Court of Appeals for the Fourth Circuit (Docket No. 12-2553). On appeal from the United States District Court for the Northern District of West Virginia at Clarksburg. Outcome: memorandum decision affirming Circuit Court decision granting summary judgment.
• State of West Virginia ex rel., Justin S. Golden, Sr., New York Life Insurance and Annuity Corporation, and NYLIFE Securities, LLC v. The Honorable Tod J. Kaufman, & Mark A. Miller, in the Supreme Court of Appeals of West Virginia (Docket No. 14-0280). Outcome: petition for writ of prohibition granted.

• Named a 2020 “State Litigation Star” in General Commercial, Product Liability, Healthcare, Oil and Gas by Benchmark Litigation
• Recognized by Chambers USA: America’s Leading Lawyers for Business among “Leaders in their Field” for Litigation: General Commercial
• Selected as a 2017 Elite Lawyer of the South by Martindale-Hubbell and American Lawyer Media
• Named to The Best Lawyers in America ® (Commercial Litigation; Insurance Law; Litigation - First Amendment; and Media Law) 2010-present
• Peer-Review Ranked AV by Martindale-Hubbell
• Recognized by Super Lawyers (Business Litigation), 2012-present

• Network of Trial Law Firms, Board Member
• International Association of Defense Counsel (IADC), Member
• American Bar Association (Tort and Insurance; Complex Torts; and Judicial Improvement committees)
• West Virginia State Bar Association
  • Chair, Judicial Improvement Committee
  • Board of Governors, 2002-2005 and 2008-2011
• Lawyer Referral and Information Service (Former Chairman)

• West Virginia University College of Law (Dean's Advisory Council)
• Kanawha United Presbyterian Church (Trustee)
• YMCA of the Kanawha Valley (Former Chairman)
• City Center Business Improvement District (BID), City of Charleston