Firm News

Congratulations to Beckley located PFFB&P, PLLC Attorney, Daniel Burns! Daniel was nominated and elected to a term on the Board of Directors for the Beckley-Raleigh County Chamber of Commerce in October. The mission of the Beckley-Raleigh Chamber of Commerce is to collaborate with leaders to build a vibrant, sustainable, and inclusive business community. The Beckley-Raleigh County Chamber of Commerce Board of Directors is comprised of business member representatives. Directors meet monthly to discuss chamber operations, committee goals and action.

In November, Daniel followed that up with an appointment by the Governor for a three-year term on the West Virginia Real Estate Appraiser Licensing and Certification Board as a public-at-large member. The West Virginia Real Estate Appraiser Licensing and Certification Board is a regulatory agency created by an act of the West Virginia Legislature in 1990. The mission of the West Virginia Real Estate Appraiser Licensing and Certification Board is to protect the public interest by assuring that all consumers of real estate appraisal services receive such services from appraisers who are fully qualified in accordance with both Federal and State law and appraisal management companies who are registered and in compliance with State law.

It’s great to see our attorneys at work in their communities!

 
For 20+ years, Pullin, Fowler, Flanagan, Brown & Poe, PLLC has participated in the Toys for Tots Toy drive each holiday season to collect gifts for less fortunate children at Christmas time. A big shoutout to Lori Muldoon for taking over this effort the past few years and making sure the tradition continues at our firm!

To learn more on how to donate to the Marine Corps Toys for Tots, visit: https://www.toysfortots.org/Default.aspx

 
Congratulations to PFFB&P, PLLC Attorney, Evan Olds!

Evan was granted summary judgment in a Will contest case. Several years ago, Plaintiff sought to have her mother deemed incapacitated/incompetent in Virginia after her mother excluded her from her Will; the Virginia Court denied the petition. Plaintiff then filed suit in Berkeley County contesting the Will, arguing that her mother, who had since passed, was subject to undue influence and lacked testamentary capacity—issues already decided by the Virginia Court. The Circuit Court of Berkeley County found that collateral estoppel therefore barred the claim. Further, the Court found that the Plaintiff: lacked standing to pursue to the claim, failed to provide required notice to beneficiaries, lacked evidence, and relied on inadmissible evidence.

Great work, Evan!

 
Thanks so much to everyone that donated to help us support Holiday Stockings for Heroes! We were able to put together 27 stockings that left Martinsburg en route to a Pennsylvania National Guard Troop that is stationed in the Arab Republic of Egypt’s Sinai Peninsula for the Holidays! These stockings included items such as a note of encouragement, hot cocoa packets, teddy grahams, chewing gum, chap stick, Slim Jim’s, Pringles, holiday candy, playing cards, puzzle books, travel checkers or dice, peppermint sticks, tootsie rolls, toiletries, gloves, hats, notepads, and batteries.

Huge shout out to Vanessa Ferrebee for leading this effort and Margaret Hafer for helping with the packing and mailing process! Great work ladies!

To learn more, visit the organization’s homepage at https://soldiersangels.org/holiday-stockings-for-heroes/

 
Each year, the Monongalia County Bar Association collects donations for the The Pantry Plus More in Morgantown, WV to purchase turkeys for the organization to give out during the Thanksgiving season. This organization consists of in-school pantries that make sure children have access to food and basic hygiene products so they can focus on learning instead of worry about their next meal.

Pullin, Fowler, Flanagan, Brown & Poe, PLLC attorney, Tiffany Durst serves as Secretary for the Mon. County Bar Association and was happy to report that $2,725.00 was raised by the November 3rd deadline for the purchase of Thanksgiving Turkeys. PFFB&P was happy to contribute to such a worthwhile cause!

Pullin, Fowler, Flanagan, Brown & Poe, PLLC Attorney Fulfills Two-Year Term as NADC President

For the past two years, our own Johnnie Brown has served as 8th President of the National Association of Dealer Counsel. This national organization is comprised of attorneys who represent automobile and other vehicle dealers. The NADC provides a forum for members to share information, common experience, and advice related to manufacturer franchise issues, lemon laws, vehicle finance, regulatory complexities, insurance laws, tax laws, buy/sell agreements, employment law, and many other issues facing dealers and their counsel today.

Now that his term as President has reached its conclusion, Johnnie will remain as a member of the board for this coming year. Congratulations Johnnie on two successful years as NADC President!

To learn more about the NADC, visit their website: https://www.dealercounsel.com/home

Pullin, Fowler, Flanagan, Brown & Poe is excited to once again host the Duane Ruggier MS Golf Tournament. After an absence in 2020 we are pleased to resume the event and raise money for MS research. Please help the cause by participation and spreading the word. READ MORE

Pullin Fowler Flanagan Brown & Poe, PLLC Attorney Obtains Favorable Ruling from the Supreme Court of Appeals of West Virginia

PFFB&P member, Keith Gamble, recently obtained a favorable ruling from the West Virginia Supreme Court of Appeals. Mr. Gamble defended his client, the City of Ranson, against the Petitioners’ efforts to overturn the Trial Court’s dismissal of petitioner’s suit. Prior to dismissal, the Circuit Court had ordered Plaintiffs to show cause why their action had not been deemed moot. Instead, the Plaintiffs moved to amend to add substantive claims not previously presented. The Trial Court denied the Motion to Amend and dismissed the suit. Plaintiffs appealed the Circuit Court’s denial. The Supreme Court affirmed, finding no abuse of discretion because the facts underlying the newly raised claims were present at the time of the original complaint. The Court ruled via Memorandum Opinion rejecting the appeal and upholding the lower Court decision. Congratulations Keith!

The Pullin, Fowler, Flanagan, Brown, & Poe Tools for School drive was a huge success! We collected 12 back packs, 30 notebooks, 18 glue bottles, 12 marker packs, countless pencils, folders and so much more! These items will be distributed to students in our area. Many students don’t have the basic school supplies they need to succeed but with your generous donations that number will be significantly less. These supplies will help prepare students for the classroom, so they are ready for a successful school year. United Way was very pleased with all the supplies-they even thanked us on Facebook!

The WV State Bar is pleased to announce this month’s MoreThanALawyer recipient, Duane Ruggier, a litigation attorney with Pullin Fowler Flanagan Brown & Poe, PLLC in Charleston, who has relentlessly advocated for a more accessible West Virginia to those challenged with a physical handicap. Duane was nominated by Vic Flanagan and Monica Nassif Haddad. Read below for Duane’s inspiring story.

Duane Ruggier was diagnosed with multiple sclerosis in his first year of law school in 1995.  Duane, a high school athlete in basketball, soccer and tennis, went from walking and running normally to “walking the walls” and then using a cane, a walking rollator and now, a power chair.   Despite his diagnosis, Duane continued to be a strong advocate for maintaining an active and productive lifestyle despite one’s disability.  “I have never thought that things get better by just sitting on the couch worrying about your problems.  I have always believed that it is better for you, your family and your State to get up and go to work no matter what your particular malady is.”

Duane has devoted significant time and effort to the National MS Society and in making West Virginia more accessible to his fellow disabled individuals.  “Though I knew that I had to first provide for my family, it was also important for me to help those with MS and to make our State more accessible to all individuals.  If you are not in a wheelchair then you just can’t understand that a three-inch curb might as well be 10 feet high or that a bathroom without grab bars prevents you from using the bathroom or that having to park at the back of the parking lot is too far of a distance to actually make it to the courthouse.”

Duane’s practice requires him to travel throughout the State, exposing him to many courthouses and businesses.  “Wherever I go I try to make a positive change if I can.”  With Duane’s advocacy he has been able to bring about changes to facilities such as courthouses, hotels, restaurants, schools and shopping centers including handicapped parking spaces at the Federal Courthouse in Charleston, the Harrison County Courthouse, Hurricane Middle School, Hurricane City Hall, CAMC General and at convenience stores, hotels and law firms around the state. He was also pivotal in creating handicapped bathrooms at the West Virginia Supreme Court, the West Virginia State Bar, CAMC Teays Valley, Logan County Courthouse, and in many law firms and restaurants. Duane is relentless in his quest for accessibility for the handicapped.

Duane also serves on the West Virginia Access to Justice Committee where he has assisted with garnering over $500,000 in ADA improvements to West Virginia courthouses.  Dan Kimble, Director of the WV Access to Justice Commission, praises Duane: “As a member of the Access to Justice Commission, Duane has been invaluable in helping the Commission members, WVU College of Law students, government officials and the public, gain awareness to the barriers that limit the full potential of those with handicapping conditions.  The great thing about Duane is that he doesn’t just see the barriers; he goes through them!”

As a member of the Board of Governors of the West Virginia Multiple Sclerosis Society, Duane is a frequent speaker and advocate regarding Multiple Sclerosis.  With the assistance of his law firm, he has helped raise tens of thousands of dollars for the MS Society with their involvement in the MS 150 Bike Race, Dinner of Champions, MS Art Auction and the Women on the Move Luncheon. In 2015, the Inaugural Duane Ruggier MS Golf Tournament was first held at the Berry Hills Golf Club in Charleston, WV with all proceeds from the tournament going to benefit the MS Society.  The annual tournament is supported by attorneys from all across the State of West Virginia from both the Plaintiff and Defense bars and hosts golfers from as far away as California and Texas and even Sweden. This year’s Sixth Annual Duane Ruggier MS Golf Tournament will be held at the Sleepy Hollow Golf & Country Club in Teays Valley, WV on October 11, 2021.  Please contact Duane if you are interested in participating or sponsoring at [email protected].

Duane resides in Hurricane with his wife, Jennifer.  He is grateful for the support of his wife and children, Duane III, Anthony, Isabella, Gabriel and Hannah.  “When you have MS, the entire family has MS, and I am more than blessed to have an entire family behind me.” Thank you Duane, for your relentless advocacy improving the quality of life and ensuring the legal rights of those challenged by disability and for being so much More Than A Lawyer.

What is our MoreThanALawyer campaign all about? It highlights all the ways West Virginia’s attorneys impact lives within and outside of their profession. West Virginia’s lawyers are service members, volunteers, mentors, coaches, musicians and committed advocates. In all of these roles, they make a difference in their community. Each month we share a MoreThanALawyer story on West Virginia State Bar’s Facebook and Twitter pages.

• Last Thursday in Charleston, Chip Williams was named a Fellow by the West Virginia Bar Association. The Bar Foundation is the philanthropic organization for the legal profession and justice system in West Virginia. The Foundation’s primary mission is to make grants to organizations that provide legal services to low income citizens and to improve the administration of justice.
• Kevin Robinson was appointed by the Raleigh County Commission as the newest member of the Raleigh County Housing Authority. The Raleigh County Housing Authority provides housing assistance to low income residents through the management of programs such as Low Rent Public Housing and the Housing Choice Voucher Program. As many of you are aware, Kevin has been an outstanding member of the Beckley office for several years and is Past President of the West Virginia State Bar.
• Victor Flanagan on July 1, was appointed by Governor Justice to the West Virginia Parkways Authority. The Authority is an Agency of the West Virginia Department of Transportation. It operates the WV Turnpike and projects in counties adjacent to the Turnpike.
• In recognition and support of Black History month the firm sponsored the following message in conjunction with WOWK, a Charleston area television station. Honoring Black History – Lorraine Hansberry 
• Important Supreme Court decision by Wendy Greve and Drannon Adkins.
  On November 18, 2020, members, Drannon L. Adkins and Wendy E. Greve, received an historic decision in Fields v. Mellinger, et al. Read More…
• PFFB&P congratulates three new partners for 2020: Nathan Carroll, Evan Olds, and Adam Poe!
• The office of Pullin, Fowler, Flanagan, Brown & Poe, PLLC is proud to share the news in the West Virginia Record Morgantown attorney Durst named to 2018 top High Stakes Litigators list.
• The National Black Lawyers Announces Kevin Robinson as One of Its Top 100 Members
• ‘Leadership Beckley’ takes flight at Weathered Underground
• Announcing the selection of Tiffany Durst among America’s Top 100 High Stakes Litigators® for 3018.
• We are proud to announce Tiffany Durst has now been accepted into American Board of Trial Advocates ( ABOTA). The American Board of Trial Advocates is a national association of experienced trial lawyers and judges dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the U.S. Constitution see more: https://www.abota.org/
• PFFB&P is happy to announce Christopher Ross as a full Member of the firm effective Feb. 1, 2017. Chris has been with the firm’s Charleston office since 2011 working in areas of insurance defense litigation such as employment, toxic torts, products liability, civil rights, construction, oil and gas, workers compensation, and state and municipal government defense.  Chris is licensed in West Virginia, Ohio, Kentucky, and the District of Columbia and he previously served as both an Assistant Prosecuting Attorney in Akron, Ohio and as an Assistant Public Defender in Charleston, WV.  Chris is a graduate of West Virginia University (where he was a member of the Pride of West Virginia Mountaineer Marching Band) and the University of Akron School of Law.  Chris is also a graduate of the 2015 class of Leadership West Virginia.  Congratulations to Chris for becoming one of our newest law partners and thank you for all of your hard work and effort!
• Vision 2020 – West Virginia attorneys partner with the Leadership Council on Legal Diversity to create a new trajectory for talent in the state.  The West Virginia Lawyer, July-September 3016, LCLD.net  Read More>>
• Pullin, Fowler, Flanagan, Brown & Poe, PLLC Member, Wendy E. Greve, and law clerk, Oscar R. Molina authored an article titled, “Indemnification is Only a Starting Point,” published in the Claims & Litigation Management Alliance’s Construction Claims magazine first edition. The CLM’s Construction Claims magazine features articles on all aspects on construction-related claims, including construction defect, site accidents/injuries, insurance coverage, subcontractor issues, and new technologies that address both national and regional/statewide audiences. Articles are written by some of the top leaders in the industry. Wendy and Oscar’s article touched upon proper risk allocation between a contractor and subcontractor through carefully drafted indemnification provisions. Read More>>
• Pullin, Fowler, Flanagan, Brown & Poe, PLLC is proud to announce that attorneys Tiffany R. Durst and Keith C. Gamble have been awarded the prestigious AV® Preeminent™ Peer Review Rating by Martindale-Hubbell®, the respected company’s highest peer rating standard for an individual lawyer. The AV rating signifies that the lawyer’s reviewed peers “rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards.” Ms. Durst and Mr. Gamble are with the firm’s Morgantown, West Virginia office. Read More>>

• On May 9, 2016 Pullin, Fowler, Flanagan, Brown & Poe PLLC and Commercial Insurance sponsored and held the Second Annual Duane Ruggier MS Golf Tournament in the firm’s continuing and longstanding support of the Multiple Sclerosis Society.  This year’s tournament was once again held at the Berry Hills Golf Club and was a great success with over 50 golfers participating, 19 hole sponsorships and $5000 being raised to fight against MS.  Special thanks to Steve Fowler who serves on the Board of Trustees for the Virginia/West Virginia Chapter of the MS Society and to Tournament Director/Firm Administrator Kevin Cushing for organizing and orchestrating another great tournament.  Congratulations are also in order for Tournament victors the Warner Law Offices led by partner Truman Griffith, Andrew Byrd, Mike Litman and Tom Hamm.  Thanks again to all and we look forward to another great tournament next year.

• PFF recently hosted its first Craft Beer & Wine Tasting Silent Art Auction in conjunction with Charleston’s FestivALL Fall event to benefit the Virginia-West Virginia Chapter of the National MS Society. The event was an independent fundraising drive for led by Steve Fowler and it raised $5,675 of funds to be directed to the exclusive use of the local chapter to benefit West Virginians who face the challenges of living with multiple sclerosis. PFF hosted more than 50 works of art generously donated by more than 40 local artists. Proud Eagle, Inc. donated a variety of craft beers that beermaster David Mincer served and commented on while Jerry Fugate, of the Capitol Market Wine Shop, served and explained the characteristics of a variety of wines. We were also fortunate to have Paul Greco from Sam’s Uptown Bar & Grill and Executive Chef Paul Smith of Buzz Food Service on hand to feed our more than 100 guests who attended this very successful event. Additionally we had live art by Ian Bode and live music by John Ingram and friends. The planning committee for this event consisted of Steve Fowler, Darlene Carnochan, Julie Greco, Molly Poe, and Christopher Ross. PFF plans to repeat this event next year as well.
  

• PFF was recently recognized by the Virginia-West Virginia chapter of the National MS Society at its annual meeting for its service toward the organization in 2015. Steve Fowler was recognized as the Board Member of the year for his 5th year of service on the Board of Trustees of the local chapter of the National MS Society. Further, PFF’s Bike MS cycle team was recognized as being the #1 fundraiser for raising $24,374 for the 25th annual Country Roads Ride. PFF team members Steve Fowler and Christopher Ross were on hand to receive the awards and were both recognized for their individual fundraising efforts as Steve was the #1 individual fundraiser and Chris was the #3 individual fundraiser for this year’s Bike MS event.
  

• “Successful West Virginia Supreme Court Rulings November 2015” The month of November was big for several attorneys from Pullin, Fowler, Flanagan, Brown & Poe, with several important decisions being handed down by the Supreme Court of Appeal of West Virginia.

• “Jorea M. Marple V. West Virginia Board of Education and L. Wade Linger, Jr.” The Supreme Court of Appeals of West Virginia found qualified immunity barred each of Plaintiff’s claims as Plaintiff’s Complaint failed to allege a cause of action sufficient to overcome Defendants’ discretion to terminate her at-will appointment and, thus, reversed the Circuit Court’s Order and dismissed Plaintiff’s Complaint.

• The Annual Meeting of the West Virginia State Bar was held Friday, May 9, 2014 at the Four Point Hotel in Charleston. The Four Points is the renovated hotel on Kanawha Blvd. (Old Holiday Inn) This year’s event was extremely exciting as on Friday night, Pullin, Fowler, Flanagan, Brown & Poe’s very own, Kevin Robinson was sworn in as the President of the WV State Bar. After the Banquet and Reception, the firm hosted a reception honoring Kevin’s outstanding accomplishment. Kevin is the first President of the WV State Bar from Raleigh County. You can view Kevin’s bar profile at https://www.wvbar.org/committees/boards/kr/ and read the article recently printed in WV Lawyer!

• Pullin, Fowler, Flanagan, Brown & Poe, PLLC attorney, Chip E. Williams, was presented with the first ever Mentor of the Year Award by the West Virginia State Bar at its annual meeting in May 2014. The Mentor of the Year Award, which will be presented annually, is meant to honor a seasoned attorney who has provided mentorship and guidance to young lawyers both inside and outside the courtroom. Mr. Williams currently serves as a mentor to three associates in the firm’s Beckley, West Virginia office, and has served as a mentor to countless others throughout his storied career. Mr. Williams became associated with Pullin, Fowler, Flanagan, Brown & Poe, PLLC in 1999 and became a partner in 2004, making him the youngest partner in the history of the firm. Mr. Williams’ practice involves the litigation and trial of cases involving a multitude of areas of law, with a focus on education law, civil rights, and general governmental liability. In defending his clients, Mr. Williams has appeared and tried cases in United States District Court and every southern county in West Virginia. In addition to his practice, Mr. Williams devotes his time to a variety of charitable organizations, including American Lung Association through the organization of the annual Greenbrier Valley Bike Trek, and to aiding others in obtaining a healthy lifestyle as a Certified CrossFit Instructor.