Melissa H. Luce

Lawyer

Fax 304-344-3684

About

After practicing law for nearly 20 years in New Jersey and New York, Melissa “Missy” Luce returned to West Virginia to join Stuart Calwell's firm, The Calwell Practice, LC. After being elevated to Managing Attorney for several years, Stuart ultimately asked Missy and another colleague, Dante' diTrapano, to join him as partners in rebranding the firm to Calwell Luce diTrapano PLLC to solidify its long-term growth.

Before moving to New Jersey early in her career, she spent the first six years of her practice of law in Charleston for Di Trapano & Jackson. Prior to returning to West Virginia, Missy spent many years handling medical malpractice and general personal injury litigation cases for the New Jersey law firm of Stephen S. Weinstein, PA. Her current practice continues to focus on medical malpractice, birth injury/trauma, pharmaceutical litigation, product liability, wrongful death, construction injuries, and personal injury litigation.

Missy graduated on the Dean’s List from Davis & Elkins College in 1983, Magna cum laude, including a semester of study abroad at Oxford University, and received her Juris Doctorate from West Virginia University College of Law in 1986 where she was honored as the Outstanding Graduate. Missy is licensed to practice law in state and federal courts in West Virginia, New York, New Jersey, and Pennsylvania. As a result of her extensive trial and appellate work during her time in New Jersey, Missy was recognized by the New Jersey Supreme Court as a Certified Civil Trial Attorney, a distinction earned by less than one percent of New Jersey's legal profession. Missy is AV Preeminent® Peer Rated, an honor bestowed by Martindale-Hubbell® for achieving the highest level of professional excellence for her legal knowledge, communication, and ethical standards. She was also recognized by Super Lawyers in 2020, a distinction held by no more than 5% of a state's lawyers.

Missy enjoys contributing to various programs in our community, including the Special Olympics and Project Hope, and she has volunteered as a youth basketball coach for the YMCA. In 1982, she participated in mission work for Project Serve in the Dominican Republic. In 1985, she was selected to work as an intern for former WV Senator John D. Rockefeller, IV. While in New Jersey, she served as counsel to the Morris County Democratic Committee from 2002 until she returned to West Virginia in 2008, and was a member of the Visiting Nurses Association of Northern New Jersey’s Board of Trustees from 2001 until 2008. Following the September 11, 2001 tragedy, she served as a volunteer attorney for Trial Lawyers Care, providing free legal representation to victims and their families. Missy served as a member of the Board of Trustees of her alma mater Davis & Elkins College from 1987 to 1998 and from 2003 to 2012. Born in Fayetteville, West Virginia, she resides in Charleston and is an avid outdoors enthusiast, having formerly been a whitewater guide on the world-renowned New River. She takes particular delight in having bungee jumped, skydived, and hang-glided in many different countries, although she is now retired from such ventures!

Bar Admissions

  • West Virginia State Bar, 1986
  • New Jersey State Bar, 1991
  • Pennsylvania State Bar, 2000
  • New York State Bar, 2003
  • U.S. District Court, Southern District of West Virginia
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Third Circuit

Education

  • J.D., West Virginia University, 1986
    • Named Outstanding Graduate, College of Law
    • Patrick Duffy Koontz Award
    • Member, Moot Court Board
    • President, Law School Council
    • Intern, Office of U.S. Senator John D. Rockefeller IV
  • B.A., magna cum laude, Davis & Elkins College, 1983
    • History and Political Science majors
    • Oxford University Center for Medieval and Renaissance Studies, Oxford, England
    • Dean's List
    • President, Student Government
    • Governor's Advisory Board of Students
    • Intercollegiate Women's Basketball and Tennis Teams

Areas of Practice

  • Medical Malpractice
  • Birth Trauma/Injury Litigation
  • Pharmaceutical Litigation
  • Products Liability
  • Wrongful Death
  • Construction Injuries
  • Automobile Accidents
  • General Personal Injury

Reported Cases

  • Cavallaro v. Jamco Prop. Mgt., 334 N.J.Super. 557 (App.Div.2000)
  • Correia v. Sherry, 335 N.J.Super. 50 (Law Div, 2000)
  • Kosnoski v. Howeley, 33 F.3d 376 (4th Cir. 1994)
  • Torrence v. Kusminsky, 408 S.E.2d 684 (W.Va. 1991)
  • Board of Education, County of Kanawha v. McCuskey, 403 S.E.2d 17 (W.Va. 1991)
  • Paul v. National Life, 352 S.E.2d (W.Va. 1986), 63 A.L.R.4th 155

Unpublished Cases

  • Kosnoski v. Howeley, 976 F.2d 726 (4th Cir. 1992)
  • Taywood Mining, Inc. v. Wellman, 867 F.2d 609 (4th Cir. 1989)
  • Brown v. South Street Presbyterian Church, Docket No. A-3952-98 (App.Div. 2000)
  • Burton v. Schiavone Construction Co., Inc., Docket No. A-3097-00T5 (App.Div. 2003)

Publications and Lectures

  • National Business Institute, Inc., 'Determining and Proving Damages'
  • Menopause Management, 'Legal Issues in Patient Counseling,' May 1994
  • ATLA-NJ Educational Foundation Seminar, 'The Business of Litigation: When to Say Yes or No,' Feb. 27, 1999
  • New Jersey Law Journal, 'Ensuring Fair Play in Game to Get Medical Records,' Jan. 20, 2003
  • Bayshore Community Hospital, Holmdel, NJ, 'Truth Telling and Disclosure of Medical Errors,' Nov. 18, 2005

Memberships

  • American Association for Justice, Birth Trauma Litigation Group
  • New Jersey American Association for Justice, Board of Governors (inactive)
  • Injury Board
  • West Virginia Association for Justice

Honors

  • AV-Preeminent Peer Rated for Highest Level of Professional Excellence – Martindale-Hubbell
  • America's Most Honored Professionals, Top 1% (2018-2019)
  • American Institute of Personal Injury Attorneys, 10 Best Law Firm for Client Satisfaction in Personal Injury (2019-2020)
  • Bar Register of Preeminent Lawyers
  • Best Attorneys of America, Lifetime Charter Member
  • Board of Governors, New Jersey AAJ (formerly NJ-ATLA)
  • Certified as Civil Trial Attorney by Supreme Court of New Jersey (inactive)
  • Lawyers of Distinction (2019)
  • Litigation Counsel of America, Fellow
  • Million Dollar Advocates Forum
  • National Academy of Personal Injury Attorneys, Top 10 Personal Injury Attorney (2015-16, 2018)
  • National Trial Lawyers, Top 100 Trial Lawyers
  • Super Lawyers, West Virginia Plaintiff Personal Injury – Medical Malpractice (2020)

About

After practicing law for nearly 20 years in New Jersey and New York, Melissa “Missy” Luce returned to West Virginia to join Stuart Calwell's firm, The Calwell Practice, LC. After being elevated to Managing Attorney for several years, Stuart ultimately asked Missy and another colleague, Dante' diTrapano, to join him as partners in rebranding the firm to Calwell Luce diTrapano PLLC to solidify its long-term growth.

Before moving to New Jersey early in her career, she spent the first six years of her practice of law in Charleston for Di Trapano & Jackson. Prior to returning to West Virginia, Missy spent many years handling medical malpractice and general personal injury litigation cases for the New Jersey law firm of Stephen S. Weinstein, PA. Her current practice continues to focus on medical malpractice, birth injury/trauma, pharmaceutical litigation, product liability, wrongful death, construction injuries, and personal injury litigation.

Missy graduated on the Dean’s List from Davis & Elkins College in 1983, Magna cum laude, including a semester of study abroad at Oxford University, and received her Juris Doctorate from West Virginia University College of Law in 1986 where she was honored as the Outstanding Graduate. Missy is licensed to practice law in state and federal courts in West Virginia, New York, New Jersey, and Pennsylvania. As a result of her extensive trial and appellate work during her time in New Jersey, Missy was recognized by the New Jersey Supreme Court as a Certified Civil Trial Attorney, a distinction earned by less than one percent of New Jersey's legal profession. Missy is AV Preeminent® Peer Rated, an honor bestowed by Martindale-Hubbell® for achieving the highest level of professional excellence for her legal knowledge, communication, and ethical standards. She was also recognized by Super Lawyers in 2020, a distinction held by no more than 5% of a state's lawyers.

Missy enjoys contributing to various programs in our community, including the Special Olympics and Project Hope, and she has volunteered as a youth basketball coach for the YMCA. In 1982, she participated in mission work for Project Serve in the Dominican Republic. In 1985, she was selected to work as an intern for former WV Senator John D. Rockefeller, IV. While in New Jersey, she served as counsel to the Morris County Democratic Committee from 2002 until she returned to West Virginia in 2008, and was a member of the Visiting Nurses Association of Northern New Jersey’s Board of Trustees from 2001 until 2008. Following the September 11, 2001 tragedy, she served as a volunteer attorney for Trial Lawyers Care, providing free legal representation to victims and their families. Missy served as a member of the Board of Trustees of her alma mater Davis & Elkins College from 1987 to 1998 and from 2003 to 2012. Born in Fayetteville, West Virginia, she resides in Charleston and is an avid outdoors enthusiast, having formerly been a whitewater guide on the world-renowned New River. She takes particular delight in having bungee jumped, skydived, and hang-glided in many different countries, although she is now retired from such ventures!

Bar Admissions

  • West Virginia State Bar, 1986
  • New Jersey State Bar, 1991
  • Pennsylvania State Bar, 2000
  • New York State Bar, 2003
  • U.S. District Court, Southern District of West Virginia
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Third Circuit

Education

  • J.D., West Virginia University, 1986
    • Named Outstanding Graduate, College of Law
    • Patrick Duffy Koontz Award
    • Member, Moot Court Board
    • President, Law School Council
    • Intern, Office of U.S. Senator John D. Rockefeller IV
  • B.A., magna cum laude, Davis & Elkins College, 1983
    • History and Political Science majors
    • Oxford University Center for Medieval and Renaissance Studies, Oxford, England
    • Dean's List
    • President, Student Government
    • Governor's Advisory Board of Students
    • Intercollegiate Women's Basketball and Tennis Teams

Areas of Practice

  • Medical Malpractice
  • Birth Trauma/Injury Litigation
  • Pharmaceutical Litigation
  • Products Liability
  • Wrongful Death
  • Construction Injuries
  • Automobile Accidents
  • General Personal Injury

Reported Cases

  • Cavallaro v. Jamco Prop. Mgt., 334 N.J.Super. 557 (App.Div.2000)
  • Correia v. Sherry, 335 N.J.Super. 50 (Law Div, 2000)
  • Kosnoski v. Howeley, 33 F.3d 376 (4th Cir. 1994)
  • Torrence v. Kusminsky, 408 S.E.2d 684 (W.Va. 1991)
  • Board of Education, County of Kanawha v. McCuskey, 403 S.E.2d 17 (W.Va. 1991)
  • Paul v. National Life, 352 S.E.2d (W.Va. 1986), 63 A.L.R.4th 155

Unpublished Cases

  • Kosnoski v. Howeley, 976 F.2d 726 (4th Cir. 1992)
  • Taywood Mining, Inc. v. Wellman, 867 F.2d 609 (4th Cir. 1989)
  • Brown v. South Street Presbyterian Church, Docket No. A-3952-98 (App.Div. 2000)
  • Burton v. Schiavone Construction Co., Inc., Docket No. A-3097-00T5 (App.Div. 2003)

Publications and Lectures

  • National Business Institute, Inc., 'Determining and Proving Damages'
  • Menopause Management, 'Legal Issues in Patient Counseling,' May 1994
  • ATLA-NJ Educational Foundation Seminar, 'The Business of Litigation: When to Say Yes or No,' Feb. 27, 1999
  • New Jersey Law Journal, 'Ensuring Fair Play in Game to Get Medical Records,' Jan. 20, 2003
  • Bayshore Community Hospital, Holmdel, NJ, 'Truth Telling and Disclosure of Medical Errors,' Nov. 18, 2005

Memberships

  • American Association for Justice, Birth Trauma Litigation Group
  • New Jersey American Association for Justice, Board of Governors (inactive)
  • Injury Board
  • West Virginia Association for Justice

Honors

  • AV-Preeminent Peer Rated for Highest Level of Professional Excellence – Martindale-Hubbell
  • America's Most Honored Professionals, Top 1% (2018-2019)
  • American Institute of Personal Injury Attorneys, 10 Best Law Firm for Client Satisfaction in Personal Injury (2019-2020)
  • Bar Register of Preeminent Lawyers
  • Best Attorneys of America, Lifetime Charter Member
  • Board of Governors, New Jersey AAJ (formerly NJ-ATLA)
  • Certified as Civil Trial Attorney by Supreme Court of New Jersey (inactive)
  • Diversity Law Institute, Member
  • Lawyers of Distinction (2019)
  • Litigation Counsel of America, Fellow
  • Million Dollar Advocates Forum
  • National Academy of Personal Injury Attorneys, Top 10 Personal Injury Attorney (2015-16, 2018)
  • National Trial Lawyers, Top 100 Trial Lawyers
  • Super Lawyers, West Virginia Plaintiff Personal Injury – Medical Malpractice (2020)
  • Trial Law Institute, Member
  • West Virginia Bar Foundation Fellow (2020; induction ceremony postponed due to COVID-19 restrictions)