Richard W. Gallagher

SENIOR LITIGATION COUNSEL

rwg@ramlaw.com

304-326-5319

304-622-5065

Clarksburg, WV

First Name and Middle Initial Richard W.

Last Name Gallagher

Position SENIOR LITIGATION COUNSEL

Email Address rwg@ramlaw.com

Phone 304-326-5319

Fax 304-622-5065

Office Location Clarksburg, WV

Bio

  • Member, Robinson & McElwee, 1992-present
  • Former chairman, Litigation Department, Robinson & McElwee
  • Partner, McNeer, Highland & McMunn, 1988-1992

Mr. Gallagher is primarily involved in general, civil, labor and employment law matters in federal and state courts at both the trial and appellate levels.

Mr. Gallagher also practices with a focus in major business labor litigation involving wage and hour litigation, as well as alleged discrimination.

Mr. Gallagher has extensive knowledge of labor and employment law, with more than 30 years of experience as an attorney, defending businesses in such matters including union organization efforts, National Labor Relations Board (NLRB) issues and Unfair Labor Practices charges.

Mr. Gallagher represents clients from many industries, including the oil and gas and timber industries. Mr. Gallagher, who has served as a Board Member for the West Virginia Forestry Association, is experienced in defending wood product injury claims and provides counsel to forestry and timber product manufacturers.  As a result of Mr. Gallagher’s work with the WV Forestry Association and its members, he was asked to chair the 2014 WVFA search committee to replace the association’s outgoing Executive Director.

Mr. Gallagher represents business clients in toxic tort and environmental matters as well.

Mr. Gallagher also serves various clients in the automobile and truck dealership industry.

Mr. Gallagher was the 2015 President of the Harrison County Bar Association.  He is also the Region 5 representative of Legal Aid of WV.  Region 5 includes Harrison, Lewis, Webster, Upshur, Braxton and Barbour counties.

Mr. Gallagher also taught a course at West Virginia University during the Fall 2015 semester titled Ethics and Negotiations for Energy Land Managers.

Mr. Gallagher, a former West Virginia University baseball player, has served the local sports community as a coach and volunteer. Mr. Gallagher has also served as Baseball Representative for the WVU Athletic Boosters and former President of the Bridgeport Jerry West Basketball Association.

Experience

  • More than 30 years of litigation experience defending businesses and individuals.
  • Serious litigation involving labor and employment disputes, including claims of wrongful discharge and discrimination, as well as Fair Labor Standards Act (FLSA) and Americans with Disabilities Act (ADA) violations.
  • Litigation involving toxic torts, environmental matters, and property damage.
  • Litigation involving alleged predatory lending.
  • Defended corporations in union organizational campaigns.
  • Litigation involving unfair labor practice charges.
  • Assisted corporations in Division of Labor Audits.
  • Significant litigation involving overweight logging trucks.
  • Experienced in defending wood product injury claims.
  • Counsel to forestry and timber product manufacturers.
  • Significant litigation involving arsenic, lead and cadmium poisoning.
  • Litigation involving retaliatory discharge allegations.
  • Litigation involving covenants not to compete in investment and insurance industry.
  • Litigation defending employers in intentional injury “Mandolidis” type lawsuits.
  • Litigation and counsel to automobile and truck dealerships.
  • Experienced in defending West Virginia workers’ compensation claims.
  • Litigation involving insurance coverage issues and “bad faith” claims.
  • Provides general counseling to business clients.
  • Vice President, Harrison County Bar Association
  • Adjunct Professor, West Virginia University, Ethics and Negotiations for Energy Land Managers, Fall 2015 Semester
  • West Virginia Superlawyers, Labor & Employment, 2015 – present
  • Best Lawyers in Amercia – Clarksburg, WV, Commercial Litigation, 2021
  • Harvard Professional Development Programs
    Harvard Division of Continuing Education
    Participant, Advanced Negotiation Strategies: Mastering the Art and Science of Negotiation
    July 13–14, 2016

Cases

  • Univ. Commons Riverside Home Owners Ass’n, Inc. v. Univ. Commons Morgantown, LLC, 230 W. Va. 589, 741 S.E.2d 613 (2013)
  • State ex rel. Verizon W. Virginia, Inc. v. Matish, 740 S.E.2d 84, 90 (W. Va. 2013)
  • Perrine v. E.I. du Pont de Nemours and Co., 225 W.Va. 482, 694 S.E.2d 815 (W.Va. 2010)
  • Wehner v. Weinstein, 216 W.Va. 309, 607 S.E.2d 415 (W.Va. 2004)
  • Trus Joist MacMillan v. NLRB, W.Va. 04-1562, (4th Cir. 2004)
  • Wehner v. Weinstein, 191 W.Va. 149, 444 S.E.2d 27 (W.Va. 1994)
  • Silvious v. American Family Publishers, 922 F.2d 836 (4th Cir. 1991)
  • Elkins Manor Associates v. Eleanor Concrete Workers, Inc., 183 W.Va. Sol, 396 S.E.2d 463 (1990)

Publications

  • Co-author, Management of Employment Risks Evaluation, Documentation and Discipline, 2008
  • Who’s Who In Corridor Business, Profiles of Local Business Success, 2008
  • Author, presenter, Managed Care for Workers’ Compensation Claims, Weyerhaeuser Company Presentation, 2006
  • Author, presenter, How to Conduct an Investigation, Lorman Seminar, 2003
  • Presenter, co-author, West Virginia Wage and Hour Update, National Business Institute, 2003
  • Author, presenter, Summary of 2003 Workers’ Compensation Statutory Changes, Risk Management Services, 2003
  • Author, presenter, Sexual Harassment Training, Trus Joist MacMillan, 2000
  • Co-author, What Every West Virginia Employer Should Know About…Employee Privacy, Robinson & McElwee PLLC manual, 1998
  • Author, presenter, Lawsuits: What You Don’t Know Can Hurt You, West Virginia Automobile and Truck Dealers Association Mid-Summer Meeting, 1995

Presentations

  • Lectured on various employment related matters including Americans with Disabilities Act, sexual harassment, drug testing, wage and hour issues, wrongful discharge and workers’ compensation issues
  • Presenter, The One Thing You Can Add to Employee Handbooks That Will Save Your Sanity, Align HR Conference 2015
  • Speaker, Ambushes and Other Surprises: How to Manage the Workplace and Avoid Legal Battles, West Virginia Forestry Association Annual Meeting, 2015
  • Presenter, Wage and Hour Laws, Sterling Seminar, 2014
  • Presenter, co-author, co-moderator, Wage and Hour Laws, Lorman Seminar, 2012
  • Presenter, co-author, Drug Testing Considerations for Public Sector Employees in West Virginia, Annual Training for County Clerks and Deputies, 2010
  • Presenter, co-author, co-moderator, Managing Electronic Information, Employment Practices and Workers’ Compensation, Robinson & McElwee PLLC-Employer Advocate Seminar, 2008
  • Presenter, co-author, co-moderator, Employee Handbooks: Everything You Need to Know to Keep You Out of Trouble, Lorman Seminar, 2007
  • Presenter, co-author, Employment Discharge and Documentation, Lorman Seminar, 2005
  • Presenter, Managing Human Resources in the Recreation Industry, Outdoor Recreation Unlimited (OUTRUN) Recreation Law Seminar, 2005
  • Presenter, co-author, Landowner and Timber Contractor Liability: Who Bears the Responsibility for Personal Injuries and Property Damages Caused by Logging Contractors?, West Virginia Forestry Association, 2004
  • Author, presenter, How to Conduct an Investigation, Lorman Seminar, 2003
  • Presenter, co-author, West Virginia Wage and Hour Update, National Business Institute, 2003
  • Author, presenter, Summary of 2003 Workers’ Compensation Statutory Changes, Risk Management Services, 2003
  • Presenter, Forest Issues: A Practical Seminar for Landowners and Those in the Wood Products and Forestry Industries –  Injuries in the Workplace in West Virginia, West Virginia Forestry Association Seminar, 2002
  • Presenter, How Will A Union Campaign Affect Your Business?, West Virginia Forestry Association Seminar, 2000
  • Author, presenter, Sexual Harassment Training, Trus Joist MacMillan, 2000
  • Presenter, Recent Court Decisions, Waste Management, Inc. Legal Seminar, 1999
  • Presenter, Forest Issues and Drug Testing Issues in Today’s Workplace, West Virginia Forestry Association, 1999
  • Presenter, co-author, co-moderator, Risk Management in the Construction Industry, Lorman Seminar, 1997
  • Presenter, Sexual Harassment: Are Your Employees Subjecting You To Liability?, West Virginia Forestry Association Seminar, 1996
  • Presenter, co-author, Title III of the ADA: What Changes Are Required at Your Business?
  • Presenter, co-author, Personal Liability: Is Your Corporation Protecting You?, West Virginia Automobile Truck Dealers Association
  • Presenter, Challenges Facing West Virginia Business…It’s Not Business As Usual Anymore, National Employment Law Human Resources Seminar

Community Involvement

  • Board Member, Region 5 Representative, Legal Aid of West Virginia
  • Former Board of Trustees Member, Ohio Valley University
  • Regular Guest Lecturer at Bridgeport High School
  • Former Board of Zoning Appeals Member, City of Bridgeport
  • Former Board Member, West Virginia Forestry Association
  • Former Member, Baseball Representative, West Virginia University Athletic Boosters
  • Former President, Middle Fork Hunting and Fishing Club
  • Former President, Bridgeport Jerry West Basketball Association
  • Youth Sports Volunteer and Coach

Credentials

  • J.D., West Virginia University, 1981
  • B.S., Accounting, West Virginia University, 1978
  • BV Peer Review Rating, Martindale-Hubbell
  • West Virginia Superlawyers
  • Best Lawyers in America, 2021

Bar & Court Admissions

Professional Affiliations

  • West Virginia State Bar Association
  • President, Harrison County Bar Association
  • Defense Trial Counsel of West Virginia
  • Defense Research Institute
  • Legal Aid of West Virginia

Departments Labor & Employment
Litigation

Areas of Practice

Bio

  • Member, Robinson & McElwee, 1992-present
  • Former chairman, Litigation Department, Robinson & McElwee
  • Partner, McNeer, Highland & McMunn, 1988-1992

Mr. Gallagher is primarily involved in general, civil, labor and employment law matters in federal and state courts at both the trial and appellate levels.

Mr. Gallagher also practices with a focus in major business labor litigation involving wage and hour litigation, as well as alleged discrimination.

Mr. Gallagher has extensive knowledge of labor and employment law, with more than 30 years of experience as an attorney, defending businesses in such matters including union organization efforts, National Labor Relations Board (NLRB) issues and Unfair Labor Practices charges.

Mr. Gallagher represents clients from many industries, including the oil and gas and timber industries. Mr. Gallagher, who has served as a Board Member for the West Virginia Forestry Association, is experienced in defending wood product injury claims and provides counsel to forestry and timber product manufacturers.  As a result of Mr. Gallagher’s work with the WV Forestry Association and its members, he was asked to chair the 2014 WVFA search committee to replace the association’s outgoing Executive Director.

Mr. Gallagher represents business clients in toxic tort and environmental matters as well.

Mr. Gallagher also serves various clients in the automobile and truck dealership industry.

Mr. Gallagher was the 2015 President of the Harrison County Bar Association.  He is also the Region 5 representative of Legal Aid of WV.  Region 5 includes Harrison, Lewis, Webster, Upshur, Braxton and Barbour counties.

Mr. Gallagher also taught a course at West Virginia University during the Fall 2015 semester titled Ethics and Negotiations for Energy Land Managers.

Mr. Gallagher, a former West Virginia University baseball player, has served the local sports community as a coach and volunteer. Mr. Gallagher has also served as Baseball Representative for the WVU Athletic Boosters and former President of the Bridgeport Jerry West Basketball Association.

Experience

  • More than 30 years of litigation experience defending businesses and individuals.
  • Serious litigation involving labor and employment disputes, including claims of wrongful discharge and discrimination, as well as Fair Labor Standards Act (FLSA) and Americans with Disabilities Act (ADA) violations.
  • Litigation involving toxic torts, environmental matters, and property damage.
  • Litigation involving alleged predatory lending.
  • Defended corporations in union organizational campaigns.
  • Litigation involving unfair labor practice charges.
  • Assisted corporations in Division of Labor Audits.
  • Significant litigation involving overweight logging trucks.
  • Experienced in defending wood product injury claims.
  • Counsel to forestry and timber product manufacturers.
  • Significant litigation involving arsenic, lead and cadmium poisoning.
  • Litigation involving retaliatory discharge allegations.
  • Litigation involving covenants not to compete in investment and insurance industry.
  • Litigation defending employers in intentional injury “Mandolidis” type lawsuits.
  • Litigation and counsel to automobile and truck dealerships.
  • Experienced in defending West Virginia workers’ compensation claims.
  • Litigation involving insurance coverage issues and “bad faith” claims.
  • Provides general counseling to business clients.
  • Vice President, Harrison County Bar Association
  • Adjunct Professor, West Virginia University, Ethics and Negotiations for Energy Land Managers, Fall 2015 Semester
  • West Virginia Superlawyers, Labor & Employment, 2015 – present
  • Best Lawyers in Amercia – Clarksburg, WV, Commercial Litigation, 2021
  • Harvard Professional Development Programs
    Harvard Division of Continuing Education
    Participant, Advanced Negotiation Strategies: Mastering the Art and Science of Negotiation
    July 13–14, 2016

Credentials

  • J.D., West Virginia University, 1981
  • B.S., Accounting, West Virginia University, 1978
  • BV Peer Review Rating, Martindale-Hubbell
  • West Virginia Superlawyers
  • Best Lawyers in America, 2021

Bar & Court Admissions

Professional Affiliations

  • West Virginia State Bar Association
  • President, Harrison County Bar Association
  • Defense Trial Counsel of West Virginia
  • Defense Research Institute
  • Legal Aid of West Virginia