J. Tyler Barton

Attorney J. Tyler Barton is a litigator who focuses his practice on business litigation, financial services litigation, appellate advocacy, and professional licensing disputes. He practices from the firm’s Charleston, West Virginia office.

Tyler has established himself as an effective and in-demand litigator who regularly represents clients in front of state and federal courts, appellate courts, and professional licensing boards. Specifically, his experience includes prosecuting and defending claims on behalf of commercial clients in complex commercial disputes; representing clients in complex appellate matters; and defending real estate brokers and other professionals before licensing boards when licenses are at risk for disciplinary action (see Representative Experience below).

Prior to joining the firm, Tyler served as a Law Clerk to The Honorable Thomas E. Johnston, Chief Judge of the United States District Court for the Southern District of West Virginia. Tyler’s clerkship afforded him an unparalleled and unique perspective on the federal judiciary, significantly enhanced his legal writing acumen, and positioned him as a highly sought after advocate at the firm. 

In addition to his clerkship, Tyler also served as an intern for The Honorable Frank W. Volk of the United States District Court for the Southern District of West Virginia.

Tyler earned his law degree from the West Virginia University College of Law, where he was the Senior Editor for Volume 123 and an Associate Editor for Volume 122 of the West Virginia Law Review. Tyler earned his bachelor’s degree in Agricultural and Medical Biotechnology from the University of Kentucky.

In his spare time, Tyler enjoys spending time with his wife Francesca, and their two dogs, Gino and Giuseppe. Tyler also enjoys golfing, hunting, and volunteering at church.

Representative Experience

• Successfully represented owner of local small business in appeal before the West Virginia Intermediate Court of Appeals.  IPI, Inc., et al. v. Axiall Corporation, et al., 249 W. Va. 544, 897 S.E.2d 572 (W. Va. Ct. App. 2024) (published decision affirming in part, vacating in part, and remanding order from circuit court granting summary judgment to chemical plant on indemnity claim);
• Successfully represented commercial landlord in appeal before the West Virginia Intermediate Court of Appeals. Rush v. DanasDome, LLC, et al., No. 22-ICA-133, 2023 WL 4027503 (W. Va. Ct. App. June 15, 2023) (affirming summary judgment granted by circuit court on all claims);
• Obtained numerous dismissals of complaints and counterclaims in federal court;
• Successfully obtained summary judgment on behalf of commercial developer in breach of lease case against large, multi-state commercial tenant;
• Secured favorable settlement on behalf of a leading High Voltage electric contractor who provided utility restoration services as a subcontractor following catastrophic hurricane damage;
• Routinely defends licensed West Virginia real estate brokers against complaints filed with the West Virginia Real Estate Commission and have obtained numerous favorable results, including:
  • Entry of favorable consent decree on behalf of distinguished commercial real estate broker employed by a leading global commercial real estate firm, which resulted in no disciplinary action being taken by the West Virginia Real Estate Commission against the broker;
  • Obtained numerous dismissals of complaints filed by consumer and competing brokers against licensed brokers and with the West Virginia Real Estate Commission.

Recipient of CALI Awards (recognition for achieving the highest grade in a particular subject) at the West Virginia University School of Law:

• Criminal Law
• Legal Analysis, Research and Writing 2
• Health Care Torts