Fogle, Shawn C.

Background

Mr. Flynn has been engaged as a trial attorney for over 30 years, and his practice has been widely varied. He has tried numerous cases in federal and state courts, and before various arbitration tribunals, and has argued cases at both the federal and state appellate court levels.
Mr. Flynn's practice has involved a broad range of litigation matters. Over the past several years, his practice has become heavily concentrated in patent infringement litigation (representing both patent owners and accused infringers), construction disputes (representing owners, prime contractors, subcontractors and sureties), and other commercial litigation matters. He has also had extensive experience in litigating wrongful death and serious personal injury claims, toxic tort, products liability, fraud, and insurance coverage. Mr. Flynn has also served as an arbitrator in various matters and is qualified to serve as a mediator in federal court cases, having completed the required Mediation Training Program sponsored by the Federal Bar Association.
 

Representative Matters

Represented patent holders and accused infringers in various patent infringement litigation matters;
Represented prime contractor in dispute involving major project for repair and upgrade of a frequency converter at electrical power substation facility owned by public utility;
Represented subcontractor in dispute involving project for construction of large bay bridge for State of Vermont;
Represented subcontractor in dispute involving asbestos abatement during course of federal building renovation project;
Represented surety in upholding enforceability of limitation of liability provision in takeover agreement in public works construction project;
Member of defense team that obtained summary judgment in multitude of West Virginia tort cases alleging variety of chemical exposures;
Litigated professional negligence, products liability, and accident claims involving serious injury and death;
Litigated insurance coverage and bad faith issues, fraud claims, breach of contract claims, employment-related disputes, and will contests.