Thomas E. Scarr is an AV Preeminent-rated attorney with extensive experience in civil litigation and labor and employment law throughout West Virginia (WV) and Kentucky (KY) as well as extensive experience with white collar criminal defense in WV. If you need premium WV experienced trial counsel, this veteran of multiple trials in state and federal courts is the one to call.

Tom’s litigation and trial experience include handling commercial and construction disputes; personal injury litigation; premises liability disputes; product liability and toxic tort cases; and medical, legal, accounting, and other professional liability matters. He has handled dozens of WV Mandolidis claims (WV deliberate intent claims) brought under W. Va. Code § 23-4-2 and has made significant case law in the Supreme Court of Appeals defending against employee toxic chemical exposure claims in WV.

Tom is known for his expertise in labor and employment matters before state and federal courts and administrative bodies including the National Labor Relations Board (NLRB), the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and the West Virginia Human Rights Commission. His employment practice includes preparation of employment contracts as well as personnel and related employment policies and manuals. Tom advises employer clients on a variety of issues such as confidentiality and noncompetition agreements, the Fair Labor Standards Act (FLSA), wage and hour matters, the Americans with Disabilities Act (ADA), the Consolidated Omnibus Budget Reconciliation Act (COBRA), and the Worker Adjustment Retraining and Notification Act (WARN).Tom’s tenacity, thoroughness, and integrity reinforce his reputation as a WV experienced trial counsel who is sought after not only as a litigator but also as a mediator in civil matters. He has the respect of both court and counsel as an extremely effective advocate for his clients.

Tom’s interests outside the office include music, photography, travel, biking, hiking, camping, and cross-country skiing. In the past, he has also enjoyed distance running, and he’s had several mountaineering adventures, having climbed Washington’s Mount Rainier five times and Mount Olympia.


J.D., The College of William & Mary, Marshall Wythe School of Law, 1981

B.A., honors with distinction, University of Virginia, 1978, Major: English Literature

Dean’s List

Intermediate Honors

The Raven Society

Omicron Delta Kappa

ACC Honor Roll (Wrestling)

Bar Admissions:

Supreme Court of Appeals of West Virginia

Supreme Court of the United States

United States Court of Appeals for the Fourth Circuit

United States District Court for the Northern District of West Virginia

United States District Court for the Southern District of West Virginia

United States District Court for the Eastern District of Kentucky

United States District Court for the Western District of Kentucky

Kentucky Supreme Court

Past Employment:

Bowles Rice McDavid Graff & Love

  • Partner, 1986 to 1995
  • Associate, 1981 to 1985
  • Law Clerk, 1980

College of William and Mary

  • Legal Assistant, Department of Business Affairs, 1980 to 1981
  • Administrative Director of Post–Conviction Assistance Project, 1979 to 1981

Crosse & Crosse, Exeter, UK

  • Law Clerk, 1979

Professional and Community Activities:

American Bar Association, Member, 1981 to Present

The West Virginia State Bar

  • Member, 1981 to Present
  • Vice President, 2018-2019
  • Commission on Judicial Independence, 2017 to Present
  • Board of Governors and Executive Committee (District 5, Cabell/Wayne Counties), 2016 to Present
  • Continuing Legal Education Committee, 2010 to 2015
  • Advanced Mediation Training, 2010
  • Basic Mediation Training, 2002
  • Lawyer Solicitation Committee, Member, 2000
  • Lawyer Advertising Commission, Member, 1997

West Virginia Bar Association, 1981 to Present

  • Administrative Law Section, Chairman, 1982 to 1983

Defense Trial Counsel of West Virginia

  • Member, 1985 to Present
  • Board of Governors, 1996 to 2006
  • President, 2004 to 2005
  • Vice President, 2003 to 2004
  • West Virginia Civil Justice System Committee Report, Co-Chair, 2003
  • Treasurer, 2002 to 2003
  • Secretary, 2001 to 2002

West Virginia University College of Law, Development Council, Member, 2003 to 2007

Cabell County Bar Association, Member, 1995 to Present

Kanawha County Bar Association, Member, 1987 to 2000

Kentucky Bar Association, 1996 to Present

United States District Court for the Southern District of West Virginia

  • Local Rules Committee, 2004 and 2016
  • Merit Selection Panel; Review U.S. Magistrate Judge Reappointment, Member, 2000 and 2008

Defense Research Institute, Member, 1985 to Present

West Virginia Holocaust Education Foundation, Inc., Member, 2008 to 2015

Cabell County Communities in Schools, Public Relations/Outreach/Marketing Committee, 2000 to 2002

Phi Alpha Delta Legal Fraternity

Buckskin Area Council, Boy Scouts of America, Executive Board, 2017 to Present

Tri-State Area Council, Boy Scouts of America

  • Member of Executive Board, 2000 to 2014
  • Tri-State Area Council Advancement Chairman, 2000 to 2014

Kanawha Valley YMCA Corporate Cup, Co-Chair, 1987

Create Huntington, Board of Connectors, 2009 to 2010

Huntington Regional Chamber of Commerce, Board of Directors, 2000 to 2005

Huntington Museum of Art

  • Member, Board of Trustees, 2004 to 2015, 2017 to present
  • Member, Facilities and Personnel Committees, 2004 to 2015, 2017 to present
  • Member, Nominations Committee, 2018

Huntington Foundation for Developmental Disabilities, Secretary, 2005 to Present

Huntington Jewish Benevolent Association, Inc., President, 2002 to Present

B’nai Sholom Congregation

  • Member, 1996 to present
  • Board of Trustees, 2003 to 2015
  • Chair, Rabbinic Search and Selection Committee, 2010 to 2011
  • President, 2007 to 2009
  • Vice President, 2005 to 2007
  • Interfaith Build Committee Member, Habitat for Humanity Joint Project, 2005

Federated Jewish Charities of Huntington

  • Member of Board of Directors, 1999 to 2010
  • Vice President, 2000 to 2005

Huntington B’nai B’rith Lodge #795

  • Member of Board of Directors, 2000 to 2012
  • Co-President, 2000 to 2005
  • Vice President, 2001
  • Leadership Tri-State, 1998

Simon Meyer WV Jewish Reunion

  • Event Planning Committee, 2008 to 2009
  • Chair, 2004 to 2005
  • o 2005

Temple B’nai Israel

  • Member, 1990 to 2009
  • Board of Directors, 1995

Presentations and Publications:

Recent Developments, Discovery Reform—Again: How the New Rules of Federal Civil Procedure Change Your Practice, 2016

Historical Perspective and Panel Discussion re: Civil Justice—Present and Future, 2013

Privileges and Evidentiary Protections and Document and Record Preparation, Control and Management, 1996 to 2011

West Virginia Chamber of Commerce/Society for Human Resource Management, Human Resource Summit & Governor’s Safety Conference HR Essentials, 2007

West Virginia Civil Discovery, Rule 30(b)(7): Depositions Upon Oral Exam, 2005

Risk Management for Nursing Practitioners, University of Arizona Health Sciences Center, Prof. Sally J. Reel, 2002 to 2004

Employment Law; Document and Record Preparation, Control and Management, Society for Human Resource Management, 2000 to 2001

A Practical Guide to Federal Court Rules and Procedure in West Virginia, 1996 to 1998

Professionalism: Perspectives from the Bench and Bar, 1996

Deposition Practice, 1995

West Virginia Employment and Labor Law Seminar, 1993

Family Medical Leave Act of 1993, 1993

Effective Motion Practice in West Virginia, 1993

Effective Use of Legal Assistants, 1992

West Virginia Labor and Employment Law Seminar, 1992

Litigation Training Program, 1991 to 1992

Handling Uninsured/Underinsured Motorists Claims; The Defendant’s Perspective, 1990

AIDS-An Employer’s Concern, 1988

Settlement Negotiations and Trial Preparation, Third Year Law Student Practice Seminars, 1987

Litigation: Discovery Practice, Third Year Law Student Practice Seminars, 1986 and 1987

Multiemployer Pension Plan Withdrawal Liability, 1986

Collective Bargaining Seminar, Management Response to Union Organizing Campaign and Representation Election, 1982

Recognitions and Awards:

Martindale-Hubbell AV Preeminent Rating since 1996

Best Lawyers in America©, Lawyer of the Year, Charleston, WV, Litigation–Construction, 2015, 2018

Best Lawyers in America©, Lawyer of the Year, Charleston, WV, Employment Law–Management, 2013

Best Lawyers in America©, Lawyer of the Year, Charleston, WV, ERISA Litigation, 2013, 2017

Best Lawyers in America©, Bet–the–Company Litigation, Commercial Litigation, Employment Law–Management, Litigation–Construction, Litigation–ERISA, Litigation–Labor and Employment, Commercial Litigation, Labor and Employment Law, ERISA, and Construction Litigation, 2015 to 2018

Best Lawyers in America©, Commercial Litigation and Labor & Employment Law, 2009 to 2011

Best Lawyers in America©, Commercial Litigation and Labor & Employment Law, ERISA, Construction Litigation, 2012 to 2017

Best Lawyers in America©, Commercial Litigation, 2005 to 2008

Benchmark: Litigation Guide to America’s Leading Litigation Firms and Attorneys, Local Litigation Star, 2011 to 2018

Best Lawyers Guide to Commercial Litigation, Best Lawyers, 2011

West Virginia Super Lawyers® (Select 5% WV Bar), 2007 to 2009, 2014 to 2017

America’s Leading Lawyers for Business/General Commercial Litigation, Chambers USA, 2005 to 2017

Fellow, Litigation Council of America, 2013

Defense Research Institute Exceptional Performance Citation, 2005

America’s Leading Lawyers for Business/Employment Law, Chambers USA, 2004 to 2014

Outstanding Lawyers of America, Member, 2003

Kaufman Award, Pro Bono Referral Project, West Virginia State Bar, 1995

Positive Community Impact Award, Neighborhood Institute of Huntington, Inc., 2007

Practice Areas

  • Contract Negotiation and Drafting
  • Employer/Employee Issues
  • Employee Benefits
  • Employee Litigation
  • Human Resources Counseling and Training
  • Labor-Management Relations
  • Negotiation and Counsel
  • Railroad Worker Injury/FELA
  • Commercial and Litigation Defense
  • Insurance Defense
  • Mediation, Arbitration, and Collaborative Law
  • Product Liability
  • Toxic Tort
  • Eminent Domain
  • General Litigation
  • Personal Injury Defense
  • Premises Liability Defense
  • Product Liability Defense

This website is for informational purposes only and does not provide legal advice. No attorney-client relationship is created by reading or replying to anyone at Jenkins Fenstermaker, PLLC regarding content on this site. Testimonials on this site are voluntary, reflect the outcomes in particular past cases, and are not guarantees of outcomes in future cases.