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John H. Tinney, Jr. | H and L

214 Capitol St.
Charleston, WV 25301

Tel: 304-346-5500
Direct: 304-346-5500
Fax: 304-346-5515
Email: jtinney@handl.com

John “Jack” H. Tinney, Jr., joined the firm in February 2016. Admitted to practice in 1995, Mr. Tinney has more than 20 years of trial experience.  After working in private practice for one of the largest firms in West Virginia, Mr. Tinney served as law clerk to the Honorable Robert B. King on the United States Circuit Court of Appeals for the Fourth Circuit.  Following his clerkship, Mr. Tinney joined the United States Attorney’s Office for the Southern District of West Virginia as an Assistant United States Attorney where he prosecuted a variety of criminal cases and represented the United States before the Fourth Circuit Court of Appeals.

In 2001, Jack was a founding Member of The Tinney Law Firm, where he spent 15 years representing a variety of diverse clients in federal and state courts, including the Supreme Court of Appeals of West Virginia in two separate constitutional challenges to the court’s trial court rules and judicial recusal process.  In 2015, Mr. Tinney was a member of the team that successfully challenged and overturned West Virginia’s unconstitutional ban on same sex marriage.

Mr. Tinney has extensive experience in professional liability litigation, product liability claims, business and commercial litigation, construction related litigation, insurance and bad faith litigation and federal criminal defense.  He has been recognized by several national publications, including Best Lawyers in America and Chambers USA.

Mr. Tinney is a board member of the Charleston Sanitary Board and a member of the Criminal Justice Act Advisory Committee for the Southern District of West Virginia.

 

Education:

Washington and Lee University

B.A., History, cum laude, 1992

Wake Forest University School of Law

J.D., 1995

Recipient of the Bennett-Liverman Scholarship

 

Bar Admissions:

Supreme Court of Appeals of West Virginia

United States District Court for the Southern District of West Virginia

United States District Court for the Northern district of West Virginia

United States Circuit Court of Appeals for the Fourth Circuit

 

Professional Associations

West Virginia State Bar, 1995-present

West Virginia Bar Association

Kanawha County Bar Association

American Bar Association

Judge John A Field American Inns of Court, Barrister

Member, Criminal Justice Act Advisory Panel, USDC SDWV

 

Representative Cases

Norfolk Southern Railway Co. et al., v. Chief Justice Warren McGraw, et al.

Civil Action No. 02-2032 (USDC SDWV, J. Copenhaver)

Successful defense of a constitutional challenge to the Supreme Court’s rule making authority.

 

Massey Energy Co. v. Supreme Court of Appeals of West Virginia

(USDC SDWV, J. Copenhaver:  2007)

Successful defense of a constitutional challenge to the Supreme Court’s recusal rules.

 

McGee, et al. v. Karen S. Cole, et al.

Civil Action No. 3:13-24068 (USDC SDWV, J. Chambers)

Successful constitutional challenge to the State’s ban on same sex marriage.

 

Mid-State Surety Corp. v. Thrasher Engineering, Inc.

Civil Action No. 2:04-813 (USDC SDWV, J. Copenhaver)

Successful defense of engineering firm to allegations of professional negligence.

 

United States v. Susan Ashworth

Criminal No. 2:03-cr-00278 (USDC SDWV, J. Faber)

Acquittal on charges of conspiracy to distribute methamphetamine.

 

United States v. Jon Paul Clements

Criminal No. 2:13-cr-00315 (USDC SDWV, J. Johnston)

Acquittal on federal firearms charges.

 

State of West Virginia, et al. v. Warrick Pharmaceuticals

Circuit Court of Kanawha County, WV (J. Stucky, 2005)

Successful defense of pharmaceutical company accused of Medicaid Fraud and violations of the West Virginia Consumer Credit and Protection Act.

 

United States v. Kevin Ball

(USDC SDWV, J. Copenhaver, 2001)

First successful prosecution of felony possession of a firearm following misdemeanor conviction of domestic violence.