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Spilman Thomas & Battle, PLLC

Grant P. H. Shuman

Grant P. H. Shuman

Chair, ERISA & Managed Care
Member

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

tel: 304.340.3895
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Local Time: Wed. 09:41

Profile
Mr. Shuman's primary areas of practice are general litigation, ERISA and managed care litigation, labor and employment, appellate litigation, alternative dispute resolution, and public utility matters.

Bar Admissions

Admissions

  • West Virginia State Bar
  • West Virginia Supreme Court of Appeals
  • United States District Courts for the Northern and Southern Districts of West Virginia
  • United States Court of Appeals for the Fourth Circuit

Education

  • James Madison University, B.A., English, 1998
  • West Virginia University, J.D., 2001
Areas of Practice
Professional Career

Significant Accomplishments

  • Serving as co-counsel in litigation obtaining a preliminary injunction against the Secretary of the United States Department of Health and Human Services to provide adequate due process for a physician prior to revoking Medicare billing privileges
  • Representing various insurers and employee benefit plans before state and federal courts in ERISA and managed care matters, including claims for benefits, subrogation actions, and discrimination claims
  • Defending general litigation matters, including insurance matters, toxic tort, medical monitoring, medical malpractice, deliberate intention, employment arbitrations, commercial disputes and nuisance actions
  • Representing ICF/MR facilities in injury and fatality incidents
  • Representing employers in labor and employment matters before West Virginia courts and federal courts, including sexual harassment, termination of employment in breach of public policy and disability discrimination
  • Representing clients before the West Virginia Public Service Commission, West Virginia courts and the West Virginia Supreme Court of Appeals on natural gas matters for industrial customers and siting and certificate cases for energy development companies including wind power generation applicants
  • Representing clients before the West Virginia Public Service Commission, West Virginia courts and the West Virginia Supreme Court of Appeals on water, sewer, cable and landfill matters
  • Serving as co-trial counsel in a complex tortious interference counterclaim resulting in a substantial award of damages in favor of the defense
  • Representing and advising hospitals, managed care organizations and other health care entities in regulatory and other matters, including Medicare/Medicaid disputes, HIPAA compliance and ERISA plan advice
  • Drafting certificates of insurance and related documents for managed care organizations for compliance with state and federal law
  • Qualified as a mediator in West Virginia

  • Reported Cases

  • Ohio Valley Jobs Alliance, Inc. v. Public Service Comm’n of W. Va., 2018 WL 5734679 (W. Va. Nov. 11, 2018) (Memorandum Decision)
  • Gates v. Morris, 2018 WL 1582470 (S.D.W.Va. Mar. 29, 2018)
  • Young v. Afflicted Holdings, LLC, 2017 WL 2272075 (S.D.W.Va. May 24, 2017)
  • Stenger v. Carelink, 2016 WL 1417219 (W. Va. April 8,2016) (Memorandum Decision)
  • Dooley v. Matrix Absence Management, Inc., 2015 WL 4644446 (N.D.W.Va. Aug. 4, 2015)
  • Sanitary Board of the City of Charleston v. Public Service Comm’n, 2014 WL 2618626 (W.Va. June 11, 2014) (Memorandum Decision)
  • Neely v. Zimmer, 2012 WL 3198557 (S.D. W.Va. Aug. 2, 2012)
  • Dupell v. K. Hovnanian Companies, LLC, 2012 WL 1831484 (N.D. W.Va. May 18, 2012)
  • Patrick v. Calgon Carbon Corp., 2010 WL 4629913 (S.D.W.Va. Nov. 8, 2010)
  • Secure US, Inc. v. Security Alarm Financing Enterprises, Inc., 2010 WL 4641624 (S.D.W.Va. Nov. 4, 2010)
  • Beachum v. Phillips, 2009 WL 3269047 (S.D.W.Va. Oct. 8, 2009)
  • Mountain Communities for Responsible Energy v. Public Service Comm’n of W. Va., 222 W. Va. 481, 665 S.E.2d 315 (2008)
  • Burch v. NedPower Mount Storm, LLC, 220 W. Va. 443, 647 S.E.2d 879 (2007)
  • Summer v. Carelink Health Plans, Inc., 461 F. Supp. 2d 482 (S.D.W.Va. 2006)
  • Kuthy v. Mansheim, 2004 WL 2757437 (4th Cir. Dec. 3, 2004)

  • Blogs

    Banking on This: Spilman Mortgage & Consumer Banking Report
    Spilman Thomas & Battle, PLLC 

    This blog addresses mortgage regulations and consumer lending issues impacting financial institutions and businesses from a legal perspective. Postings largely focus on the legal environment in North Carolina, Virginia, West Virginia and Pennsylvania, but often address issues of import to a...

    INGOTS: Raw Thoughts and Unpolished Ideas
    Spilman Thomas & Battle, PLLC 

    Spilman Thomas & Battle, PLLC is a full-service law firm offering a broad range of practices, spanning litigation and corporate law, for clients large and small. Founded in 1864, Spilman has offices in Pennsylvania, West Virginia, Virginia and North Carolina. This blog is updated and maintained by...

    Articles

    Publications & Presentations

    • Coauthor, West Virginia Chapter, Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey (Joseph Hamilton ed., American Bar Association 2009)
    • Coauthor, Employee Benefit Litigation: Getting Your Client from Point A to Point B, Employee Benefits and Executive Compensation Client Strategies (Thompson/Aspatore 2008)
    • Coauthor, "May a Prevailing Party Obtain ERISA Attorney's Fees in an Action Outside the Civil Enforcement Scheme," Life, Health and Disability News (Spring 2007)
    • Removal of Consolidated Cases from State Court, ABA/YLD Litigation Committee Newsletter (Summer 2004)
    • Coauthor, Health Related Information and Employment Decisions: Is Your ERISA Plan Subject to Privacy Rights Under HIPAA, 23 Energy & Mineral Law Foundation ch. 1 (2003)
    • Coauthor, Maladministration of Patient Care and ERISA's Complete Preemption Doctrine: Recent Developments in the Fourth Circuit, 2003 W. Va. D.T.C., June 2003
    • Escaping the Purposes of the ADA: The "Safe Harbor" Provision and Disability-Based Distinctions in Insurance Policies and Programs, 36 Gonz. L. Rev. 549 (2001)
    • Common Law Tort Immunity for State Officials in West Virginia After the Parkulo v. Board of Probation Decision, 103 W. Va. L. Rev. 261 (2000)
    • Executive Editor, West Virginia Law Review


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