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Spilman Thomas & Battle, PLLC

Dennise R. Smith

Dennise R. Smith



  • Deliberate Intent Litigation
  • Litigation
  • Compliance, Privacy & Investigations
  • Chemical

WSG Practice Industries


Spilman Thomas & Battle, PLLC
West Virginia, U.S.A.

Ms. Smith’s primary area of practice is workplace safety issues (MSHA and OSHA).

Bar Admissions


  • West Virginia State Bar
  • West Virginia Supreme Court of Appeals
  • United States District Courts for the Northern and Southern Districts of West Virginia
  • State Bar of California, Inactive
  • Ohio State Bar, Inactive


  • West Virginia University, B.A., magna cum laude, 1991
  • West Virginia University College of Law, J.D., 1996
Areas of Practice

Chemical | Compliance, Privacy & Investigations | Deliberate Intent Litigation | Litigation | OSHA & MSHA

Professional Career

Significant Accomplishments

  • Assisting in representation of employers on OSHA and MSHA matters, and before state safety agencies regarding interpretations of regulatory requirements, significant citations and orders, accident investigations, special investigations, and employment discrimination issues related to safety
  • Counseling small businesses on compliance with OSHA and other laws impacting the workplace, including drafting drug testing policies, employee handbooks and safety policies
  • Participating in litigation, including conducting and defending depositions of parties, expert witnesses and witnesses, trial court oral arguments, mediations and settlement conferences
  • Representing clients in employment law, wage and hour, class actions and mass torts
  • Managing document issues and e-discovery in mass torts/complex litigation
  • Preparing and arguing cases before the West Virginia Supreme Court of Appeals
  • Former Administrative Law Judge for West Virginia Unemployment Compensation Appeals Board
  • Served as staff counsel for the West Virginia House of Delegates’ Committee on the Judiciary and the Committee on Constitutional Revisions, including drafting, analyzing and preparing legislation for consideration by the Committees

  • Articles

    Publications & Presentations

    • Co-author, "Section 110(c) Liability Under the Mine Act: A Fresh Look at Theories of Liability, Defenses and Representation Issues," 27 Energy & Min. L. Inst. ch. 9 (2007)

    WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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