Stuart Calwell

Stuart Calwell

Lawyer

Fax 304-344-3684

About

As a founding member of Calwell Luce diTrapano PLLC and its predecessor The Calwell Practice, LC, Stuart's main practice areas include environmental law, toxic torts, pesticide litigation, contaminated property remediation, personal injury, medical malpractice, asbestos litigation, and employment law. With more than 45 years of legal experience, Stuart has established himself as an elite and fearless legal advocate. He is admitted to practice law in state and federal courts in West Virginia and New York as well as before the Supreme Court of the United States and the United States Court of Appeals for the Fourth Circuit. The firm practices law across the nation and has litigated, or is currently litigating, cases in NY, IL, TX, IN, FL, SC, KY, CA, AR, OH, VA, and PA. Additionally, Stuart has been appointed Class Counsel by both federal and state court judges in complex class action litigation involving communities contaminated with toxic chemicals and the chemical contamination of a large public water treatment facility affecting more than 200,000 residents. On occasion, the firm considers cases driven by principle and not necessarily with monetary values.

An accomplished writer and strategist, Stuart has authored and published numerous articles and papers about chemical exposure and workplace accidents. He has tried dozens of cases to verdict, including an 11-month federal court jury trial. He also won an 8-week jury trial against coal and timbering companies for causing the flooding of more than 2,000 coalfield residents in Southern West Virginia.

While a law student, Stuart was on the team that won the 1973 Philip C. Jessup International Law Moot Court Competition in Washington D.C., competing against 94 teams worldwide.

Bar Admissions

  • West Virginia, 1974
  • New York, 2004
  • Supreme Court of Appeals of West Virginia
  • U.S. District Court, Southern District of West Virginia
  • U.S. District Court, Northern District of West Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • Supreme Court of the United States

Education

Areas of Practice

  • Environmental Law
  • Toxic Torts
  • Pesticide Litigation
  • Contaminated Property Remediation
  • Personal Injury
  • Medical Malpractice
  • Asbestos Litigation
  • Employment Law

Reported Cases

  • Allen v. Monsanto Co., U.S. Dist. LEXIS 4204 (2006)
  • Boggess v. Monsanto Co., 829 F.2d 34 (1987)
  • Grant v. Monsanto Co., 151 F.R.D. 285 (1993)
  • In re Flood Litig., 216 W. Va. 534 (2004)
  • In re Flood Litig., 668 S.E.2d 203 (2008)
  • In re Prempro Prods. Liab. Litig., U.S. Dist. LEXIS 47573 (2010)
  • In re W. Va. Asbestos Litig., 215 W. Va. 39 (2003)
  • International Union of Operating Eng'rs, Local No. 132, Health & Welfare Fund v. Phillip Morris, U.S. Dist. LEXIS 21097 (1999)
  • Mandolidis v. Elkins Indus., 161 W. Va. 695 (1978)
  • Molever v. Levenson, 539 F.2d 996 (1976)
  • Molever, et. al. v. Levenson, et. al., Fed. Sec. L. Rep. (CCH) P 95.538 (1976)
  • Oken v. Monsanto Co., 218 F. Supp. 2d 1361 (2002)
  • Oken v. Monsanto Co., 419 F.3d 1312 (2005)
  • United States v. Haley, 669 F.2d 201 (1982)
  • Watson v. Appalachian Power Co., 934 F. Supp. 191 (1996)

Publications

  • 'How to Handle a Dioxin Case,' Matthew Bender Guide to Toxic Torts, 1988
  • 'Exposure to Toxic Chemicals - An Unfamiliar Risk in the Railroad Workplace,' Journal of the Brotherhood of Maintenance of Way Employees, Vol. 95, No. 2, 1986

Memberships

Memberships

  • Injury Board
  • West Virginia Association for Justice
member Injury Board

Honors

  • Distinguished Peer Rated for Strong Ethical Standards – Martindale-Hubbell
  • American Institute of Personal Injury Attorneys, 10 Best Law Firm for Client Satisfaction in Personal Injury (2019-2020)
  • American Society of Legal Advocates, Top 100 Lawyers (2016)
  • America's Most Honored Professionals, Top 5% (2018-2019)
  • Best Attorneys of America, Lifetime Charter Member
  • Continental Who's Who, Top Attorney & Pinnacle Member
  • National Academy of Personal Injury Attorneys, Top 10 Personal Injury Attorneys (2015-2016)
  • Top 100 Registry, Attorney of the Year (2019)

About

As a founding member of Calwell Luce diTrapano PLLC and its predecessor The Calwell Practice, LC, Stuart's main practice areas include environmental law, toxic torts, pesticide litigation, contaminated property remediation, personal injury, medical malpractice, asbestos litigation, and employment law. With more than 45 years of legal experience, Stuart has established himself as an elite and fearless legal advocate. He is admitted to practice law in state and federal courts in West Virginia and New York as well as before the Supreme Court of the United States and the United States Court of Appeals for the Fourth Circuit. The firm practices law across the nation and has litigated, or is currently litigating, cases in NY, IL, TX, IN, FL, SC, KY, CA, AR, OH, VA, and PA. Additionally, Stuart has been appointed Class Counsel by both federal and state court judges in complex class action litigation involving communities contaminated with toxic chemicals and the chemical contamination of a large public water treatment facility affecting more than 200,000 residents. On occasion, the firm considers cases driven by principle and not necessarily with monetary values.

An accomplished writer and strategist, Stuart has authored and published numerous articles and papers about chemical exposure and workplace accidents. He has tried dozens of cases to verdict, including an 11-month federal court jury trial. He also won an 8-week jury trial against coal and timbering companies for causing the flooding of more than 2,000 coalfield residents in Southern West Virginia.

While a law student, Stuart was on the team that won the 1973 Philip C. Jessup International Law Moot Court Competition in Washington D.C., competing against 94 teams worldwide.

Bar Admissions

  • West Virginia, 1974
  • New York, 2004
  • Supreme Court of Appeals of West Virginia
  • U.S. District Court, Southern District of West Virginia
  • U.S. District Court, Northern District of West Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • Supreme Court of the United States

Education

Areas of Practice

  • Environmental Law
  • Toxic Torts
  • Pesticide Litigation
  • Contaminated Property Remediation
  • Personal Injury
  • Medical Malpractice
  • Asbestos Litigation
  • Employment Law

Reported Cases

  • Allen v. Monsanto Co., U.S. Dist. LEXIS 4204 (2006)
  • Boggess v. Monsanto Co., 829 F.2d 34 (1987)
  • Grant v. Monsanto Co., 151 F.R.D. 285 (1993)
  • In re Flood Litig., 216 W. Va. 534 (2004)
  • In re Flood Litig., 668 S.E.2d 203 (2008)
  • In re Prempro Prods. Liab. Litig., U.S. Dist. LEXIS 47573 (2010)
  • In re W. Va. Asbestos Litig., 215 W. Va. 39 (2003)
  • International Union of Operating Eng'rs, Local No. 132, Health & Welfare Fund v. Phillip Morris, U.S. Dist. LEXIS 21097 (1999)
  • Mandolidis v. Elkins Indus., 161 W. Va. 695 (1978)
  • Molever v. Levenson, 539 F.2d 996 (1976)
  • Molever, et. al. v. Levenson, et. al., Fed. Sec. L. Rep. (CCH) P 95.538 (1976)
  • Oken v. Monsanto Co., 218 F. Supp. 2d 1361 (2002)
  • Oken v. Monsanto Co., 419 F.3d 1312 (2005)
  • United States v. Haley, 669 F.2d 201 (1982)
  • Watson v. Appalachian Power Co., 934 F. Supp. 191 (1996)

Publications

  • 'How to Handle a Dioxin Case,' Matthew Bender Guide to Toxic Torts, 1988
  • 'Exposure to Toxic Chemicals - An Unfamiliar Risk in the Railroad Workplace,' Journal of the Brotherhood of Maintenance of Way Employees, Vol. 95, No. 2, 1986

Memberships

  • Injury Board
  • West Virginia Association for Justice
member Injury Board

Honors

  • Distinguished Peer Rated for Strong Ethical Standards – Martindale-Hubbell
  • American Institute of Personal Injury Attorneys, 10 Best Law Firm for Client Satisfaction in Personal Injury (2019-2020)
  • American Society of Legal Advocates, Top 100 Lawyers (2016)
  • America's Most Honored Professionals, Top 5% (2018-2019)
  • Best Attorneys of America, Lifetime Charter Member
  • Continental Who's Who, Top Attorney & Pinnacle Member
  • National Academy of Personal Injury Attorneys, Top 10 Personal Injury Attorneys (2015-2016)
  • Top 100 Registry, Attorney of the Year (2019)