F: (304) 347-1756
J.D., West Virginia University College of Law (2012)
B.B.A., summa cum laude, Accounting, Marshall University, Lewis College of Business
- Supreme Court of Appeals of West Virginia
- U.S. District Courts for the Northern and Southern Districts of West Virginia
- U.S. Court of Appeals for the Fourth Circuit
Andrew Stonestreet concentrates his practice in labor and employment law, with a focus on employment litigation and counseling. He represents employers operating in many diverse industries, including health care, banking, insurance, and telecommunications. A significant part of Andrew’s practice is devoted to representing employers in the defense of cases filed in federal and state courts. He also frequently represents employers in administrative proceedings before state agencies, including the Board of Review and the West Virginia Human Rights Commission.
Andrew is highly experienced in pretrial litigation and motions practice in state and federal courts. He has participated in all aspects of discovery, including taking and defending numerous depositions of plaintiffs, fact witnesses, and expert witnesses. Andrew has successfully represented his clients in several mediations and arbitrations. In addition, he represented a defendant as second chair in a complex trial involving more than 15 plaintiffs.
Andrew earned his law degree from the West Virginia University College of Law, graduating Order of the Coif. As a law student, he served on Volumes 113 and 114 of the West Virginia Law Review, and worked as a teaching assistant in the legal writing and research department.
He is a member of the West Virginia State Bar, and is licensed to practice in West Virginia, before the United States District Court for the Northern and Southern Districts of West Virginia, and before the United States Court of Appeals for the Fourth Circuit.
- Has obtained dismissals of claims for retaliatory discharge in contravention of public policy and disability discrimination under the West Virginia Human Rights Act.
- Obtained reversal at the Supreme Court of Appeals of West Virginia for automobile dealership in a breach of employment contract action.
- Secured dismissal with prejudice for timber owner in case involving gas line explosion.
- Represented a party to a complex franchise agreement in both District Court and before the Fourth Circuit.
- Secured dismissal for several political subdivision clients on the basis of immunities provided in the Governmental Tort Claims and Insurance Reform Act.
- Won summary judgment on all counts for a client in federal court after plaintiff had previously demanded $2 million to settle the matter.
- Has successfully argued motions to dismiss and motions for summary judgment in circuit courts throughout the state.
- Represented timber owner, timber broker, and property manager in negligence action arising from workplace injury to a logger.
- Prevailed at each stage for fiduciary to prevent waste to an estate in lengthy dispute before the fiduciary commissioner and two circuit court judges.
- Fugate v. Frontier West Virginia Inc., 2017 WL 3065216 (S.D.W. Va. July 19, 2017) (dismissing multiple claims on the grounds of workers’ compensation immunity/exclusivity, res judicata, and failure to satisfy the at-will employment requirement necessary to sustain a retaliatory discharge claim).
- Kyser v. Edwards, No. 2:16-CV-05006, 2017 WL 924249 (S.D.W. Va. Feb. 9, 2017), report and recommendation adopted, No. 2:16-CV-05006, 2017 WL 891293 (S.D.W. Va. Mar. 6, 2017) (dismissing claims for breach of contract, abuse of process, and defamation).
- Douglas Holding Co. v. City of Princeton, No. 1:14-cv-14200, 2016 WL 6909120 (S.D.W. Va. Mar. 31, 2016) (granting summary judgment on breach of contract, retaliation, abuse of authority, tortious interference with contract, harassment, negligent infliction of emotional distress, and outrage claims).
- State ex rel. Thornhill v. King, 223 W. Va. 564, 759 S.E.2d 795 (2014) (dismissing claim for breach of employment contract on grounds of improper venue).
- Serves on the Board of Directors for Hope For Appalachia, Inc., a local non-profit organization that provides rehabilitation and support services for individuals overcoming addiction.
- Teaching assistant, Legal Writing and Research Department, West Virginia University College of Law
West Virginia University College of Law
- Order of the Coif
- West Virginia Law Review (Volumes 113 and 114)
- Recipient of CALI Awards (recognition for achieving the highest grade in a particular subject):
- Legal Research and Writing
- Employment Law
- Presidential Scholar
- November 18, 2015
- West Virginia Bar Association
- Hope For Appalachia, Inc. (Board Member)