Niall A. Paul



Niall Paul

Firm: Spilman Thomas & Battle, PLLC
Address:300 Kanawha Boulevard, East
Charleston, West Virginia 25301
United States of America
Email:Send an Email
Local Time:Fri. 09:13
Web site: Direct Page


Mr. Paul is leader of the firm's Battle Group, a practice group dedicated to handling high-risk matters heading to trial. His primary areas of practice are trial work, litigation and appellate practice focusing on complex tort litigation, class actions, medical monitoring, commercial and employment litigation.


Areas of Practice


  • Appellate Litigation
  • Labor & Employment
  • Litigation Defense
  • Toxic Tort Litigation


Professional Career


Significant Accomplishments

Representative Experience

  • Tried numerous cases to verdict for clients and litigated hundreds of disputes, including environmental and toxic tort claims, unfair trade practices, deliberate intent injury claims, and employment-related jury, bench and administrative trials
  • One of four lawyers in the nation selected to serve on a "litigation strike force" for an international Fortune 100 company
  • Serves as co-chair and outside counsel liaison for E.I. du Pont de Nemours and Company's "in-house" tort practice group
  • Often retained as substitute trial counsel in high risk matters
  • Defeated several class action certification motions, including recent victory in significant groundwater contamination action
  • Successfully defeated the West Virginia Attorney General's attempt to obtain a statewide immediate preliminary injunction against the world's leading check guarantee company
  • Counsel at a number of "Daubert" hearings challenging a variety of experts
  • Argued numerous cases before various state and federal appellate courts, including an en banc panel of the United States Court of Appeals for the Fourth Circuit

    Awards and Distinctions
  • Member, Trial Law Institute
  • Barrister, Order of Justicia and Order of Certus
  • Martindale-Hubbell Rating: AV (Highest)
  • Recognized by Chambers & Partners USA as one of America''s Leading Lawyers for Business in Commercial Litigation
  • Listed in West Virginia Super Lawyers
  • Nominated by his peers for inclusion in The Best Lawyers in America for Commercial Litigation, Labor and Employment Law, Litigation - Environmental, Litigation - Labor & Employment, Mass Tort Litigation / Class Actions - Defendants, and Personal Injury Litigation - Defendants
  • Chairman and Chief Judge, City of Charleston Civil Service Commission
  • Member, Diversity Law Institute

  • International Association of Defense Counsel, Member and Officer of Hazardous and Chemical Product Committee
  • Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society
  • American Bar Association, Section of Litigation, Labor and Employment Law Section, and a member of the following committees: Product Liability (Chair of the Chemical & Industrial Products Sub-Committee), Corporate Counsel, and Toxic Torts and Environmental Law


  • Speaker, Litigation Counsel of America 2012 Spring Conference & Induction of Fellows, Santa Barbara, California, May 2012
  • Speaker, "Trying the Unwinnable Case," Litigation Counsel of America, Renaissance Symposium II, Watercolor, Florida, March 25, 2011
  • Spoken and published on the trial of complex toxic torts and the aggressive management of discovery in chemical product liability claims

  • Spoken and published internationally on Sarbanes-Oxley litigation, including a 2003 engagement in London, England

  • "Client Service in the Twenty-First Century "Finding Profits in Partnering," Texas State Bar Lawyer Boot Camp, 2003

  • "I'm Telling Mom on You: Sarbanes-Oxley Revisited," National CLE Conference in Snowmass, Colorado, 2005

  • "The Older Workers' Benefit Protection Act: Forcing a New Look at Early Retirement Incentives and Waivers," Employee Relations Law Journal, 1991

  • Bar Admission

  • United States Supreme Court
  • West Virginia Supreme Court of Appeals
  • Supreme Court of Kentucky
  • United States Courts of Appeals for the Fourth and Sixth Circuits
  • United States District Courts for the Northern and Southern Districts of West Virginia; the Southern District of Texas; and the Eastern District of Kentucky
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  • Bridgewater College of Virginia, B.A. in Philosophy and Religion, cum laude, 1987
  • University of Richmond, T. C. Williams School of Law, J.D., 1990