F: (304) 347-1746
- Judicial Clerkship, Judge W. Swan Yerger, Jackson, Mississippi (2010)
J.D., summa cum laude, University of Mississippi School of Law (2011)
- Development Editor, Mississippi Law Journal
- Dean's Leadership Council (2009-2011)
B.A., cum laude, History, Furman University (2008)
- Supreme Court of Appeals of West Virginia
- U.S. District Courts for the Northern and Southern Districts of West Virginia
Patrick Timony is a Partner and a member of the Bowles Rice Litigation Department. He practices in the Charleston, West Virginia, office, but routinely represents businesses and individuals throughout West Virginia. He pursues his client’s interests in a variety of courts including the Circuit Courts of West Virginia, the United States District Courts for both the Northern and Southern Districts, the Business Court of West Virginia, the West Virginia Court of Claims and the West Virginia Supreme Court of Appeals.
Patrick focuses his practice on commercial litigation, construction litigation, and financial services litigation. He prides himself in representing Fortune 500 companies, small businesses and individuals with an equal passion and zeal, and tailors an individual litigation plan and strategy to achieve each client’s unique objectives. This litigation experience includes representing both plaintiffs and defendants in civil litigation. While only practicing in West Virginia since October 19, 2011, Patrick has: (i) first chair trial experience in the United States District Court; (ii) second chair trial experience in the United States District Court and Circuit Courts of West Virginia; (iii) taken numerous depositions of both fact and expert witnesses; (iv) authored countless motions and responses; (v) participated in myriad alternative dispute resolutions; and (vi) defended multiple class actions. Specific examples of his representations are listed below:
- Represents, and has represented, general contractors, subcontractors, school board authorities, homeowners' associations and homeowners in construction litigation.
- Defeated a motion to dismiss and summary judgment by a surety related to client’s claims under the Miller Act.
- Successfully settled homeowner’s lawsuit involving negligent construction and fraud stemming from a negligently constructed roof.
- Defeated summary judgment and successfully settled homeowner’s claim related to mismanagement of their property by a property management company.
- Successfully settled homeowners association’s claims against contractors, subcontractors, architects and developers arising from negligent construction at Snowshoe Mountain Resort.
- Routinely prosecutes and defends claims arising from AIA Construction documents.
- Represents, and has represented, construction companies, banks, car dealerships, hotel owners, retailers and other businesses in commercial disputes.
- Defended an industrial painting company in administrative action with Department of Labor, which resulted in the Department of Labor reducing penalties by approximately $750,000.
- Obtained judgment from the Circuit Court, which ordered Workforce West Virginia to refund client approximately $90,000 for improperly classifying client’s business as a successor.
- Managed and facilitated corporate divorce among shareholders of a small business.
- Obtained summary judgment for bank against an individual for breach of a commercial loan.
- Routinely prosecutes and defends claims arising from breach of contract, shareholder agreements and purchase transactions.
Financial Services Litigation
- Represents, and has represented, a variety of state and national banks, automotive financing companies, loan originators and loan servicers.
- Obtained a Dismissal with Prejudice Order from the Southern District of West Virginia for an automotive financing company on allegations of violations under the Fair Debt Collection Practices Act.
- Successfully defended clients against West Virginia Consumer Credit and Protection Act (WVCCPA) for unfair debt collection practices.
- Significant experience litigating issues on trust interpretation and trustee duties.
- Regularly provides pro bono representation to low-income individual in landlord-tenant disputes.
- Student Limited Practice Attorney, U.S. Attorney’s Office, Northern District of Mississippi (2010)
- Student Intern, U.S. Attorney’s Office, Northern District of Georgia, Narcotics Division (2009)
- Crime Analyst, Greenville (SC) City Police Department (2008)
Representative Reported Cases
- State ex rel. Biafore v. Tomblin, in the Supreme Court of Appeals of West Virginia, Docket No. 16-0013
- Keyser House Bonds, LLC v. Keyserhouse Assocs. LTD P’ship, No. 12-1505, 2014 WL 620480 (W. Va. Feb. 14, 2014) (memorandum decision) (rights of bondholders following failure of debtor to pay on maturity)
- Allen v. Monsanto Co., No. 13-0418, 2013 WL 6153150 (W. Va. Nov. 22. 2013) (memorandum decision) (class action settlement challenge)
- January 8, 2020
- April 17, 2019
- January 2, 2018
Presentations & Events
- Presentation: Navigating Drug & Alcohol Workplace Acts by Patrick C. TimonyThe West Virginia Design and Construction ExpoCharleston Coliseum & Convention Center, March 20, 2019
- Presentation: Mechanic's Liens by Patrick C. TimonyFebruary 3, 2019
- Presentation: Legal Ethics: Top Mistakes That Lead to Malpractice, by Patrick C. TimonyNational Business InstituteJune 16, 2016
Articles & Alerts
- Getting Paid: Navigating the Changing Landscape of Public-Private Partnerships by Patrick C. Timony and Unaiza Riaz TyreeWest Virginia Construction News, July/August 2020
- Construction Destruction: How the Opioid Epidemic Infects and Impacts the West Virginia Construction Industry by Patrick C. TimonyWest Virginia Construction News, November/December 2018
- “Returning the Mountain State to the Mainstream, West Virginia Adopts Sweeping Legal Reforms,” by J. Mark Adkins and Patrick Timony Washington Legal Foundation Legal BackgrounderWashington Legal Foundation, June 5, 2015
- Mary C. Snow West Side Elementary School Legal Clinic (Member, Advisory Group)