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500 Randolph Street, Charleston, West Virginia 25302

Call Toll Free

800.876.5529
304.400.6558

Stuart Calwell

As a founding member of Calwell Luce diTrapano PLLC, Stuart Calwell has more than 45 years of legal experience, and 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. Stuart's main practice areas include environmental law, toxic torts, pesticide litigation, contaminated property remediation, personal injury, medical malpractice, asbestos litigation, and employment law. The firm practices law across the nation, and it has litigated, or is currently litigating, cases in NY, IL, TX, IN, FL, SC, KY, CA, AR, OH, VA, and PA. Stuart has tried dozens of cases to verdict, including an 11-month federal court jury trial. An accomplished writer and strategist, Stuart has authored and published numerous articles and papers about chemical exposure and workplace accidents. While a law student at WVU College of Law, he 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
  • West Virginia Supreme Court of Appeals
  • U.S. District Court, Southern District of West Virginia
  • U.S. District Court, Northern District of West Virginia
  • U.S. Court of Appeals, 4th Circuit
  • U.S. Supreme Court

Education

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 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