F: (304) 347-1746
J.D., West Virginia University College of Law (1993)
- Traveling Lugar Trial Team
- Moot Court Team
B.A., Economics and Political Science, Vanderbilt University (1988)
- 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
Stuart McMillan is chairman of the Bowles Rice Litigation Department. He practices with a focus on civil and appellate litigation, and he represents clients in both federal and state courts throughout West Virginia. He has tried numerous cases to verdict, including libel, defamation, trespass and bodily injury lawsuits.
Stuart represents national corporate clients as well as regional and local businesses across many industries, including oil and gas, financial services and manufacturing. With a diverse practice, he has also tried cases for products liability, contract claims and lender liability claims.
He has been recognized by the nation's major peer review organizations, including Chambers USA, The Best Lawyers in America ® and Super Lawyers. He also holds an AV-preeminent peer-review rating by Martindale-Hubbell.
In addition, Stuart is the firm’s General Counsel and Risk Management Chair, handling conflicts, insurance coverage and firm claim avoidance. He is a board member of the Network of Trial Law Firms and a member of the International Association of Defense Counsel (IADC).
- Bowles Rice General Counsel and Risk Management Chair
- Chairman, Bowles Rice Litigation Department
- Team Leader, Energy Litigation and Product Liability Defense
Recent Reported Cases
- Elliott Land & Cattle Co., LLC et al. v. American Municipal Power, Inc., Civil Action No. 16-C-24 (obtained multi-million dollar judgment for client in breach of commercial contract lawsuit)
- King v. The Poca Valley Bank, Inc., Civil Action No. 16-C-42 (securing judgment and jury verdict for the defendant on all counts in fraud and predatory lending lawsuit)
- Thomas H. Fluharty, Trustee of the Chapter 11 Bankruptcy Estates of: Dennis Ray Johnson, II (No. 3:16-BK-30227), et al. v. Peoples Bank, NA, et al. in the United States District Court for the Southern District of West Virginia Huntington Division, Civil Action No. 3:17-cv-04220, Outcome: dismissal of RICO claims as a matter of law.
- Robert L. Mays Jr., in his capacity as Co-Executor and Beneficiary of The Estate of Lois B. Mays, v. Tamila Mays Williams, et al., in the Circuit Court of Putnam County, West Virginia, Civil Action No. 17-C-96, Defendants, professional liability- voluntarily dismissed from the case.
- Anthony Guido III, v. Federal-Mogul Motorparts Corporation, d/b/a Wagner, et al. in the Circuit Court of Harrison County, West Virginia, Civil Action No. 16-C-420, products liability, favorable settlement.
- Eagle Pipeline, LLC, v. Columbia Gas Transmission, LLC, et al. in the Circuit Court of Wayne County, West Virginia, Business Court Division, Civil Action No. 16-C-34, commercial dispute, favorable settlement.
- United Bank, Inc. v. Clarence E. White, et al. (Civil Action No.: 14-C-571) Outcome: securing judgment order against CE White in a commercial case before the West Virginia Business Court.
Tamra Jo Woodson, Richard W. Woodson v. Tiffany Coleman, Baldemore Hernandez King's New York Pizza & Restaurant, LLC, a West Virginia limited liability company, Catlin Specialty Insurance Company, and State Farm Mutual Automobile Insurance Company, in the United States District Court for the Northern District of West Virginia, Civil Action No. 1:16-CV-89
- State of West Virginia ex rel., The Health Plan of the Upper Ohio Valley, and West Virginia Family Health Plan, Inc., and West Virginia Department of Administration et al. v. Honorable James C. Stucky, et al., in the Supreme Court of Appeals of West Virginia Docket No. 15-0564.
- Hiram Lewis v. Jim Samples, Prosecutor of Clay County, in the Supreme Court of Appeals of West Virginia Docket No. 13-0464; appeal from final order of the Circuit Court of Clay County (Civil Action No. 12-C-29). Outcome: memorandum decision affirming Circuit Court decision granting summary judgment to Jim Samples (client).
- Trans Energy, Inc.; Republic Partners VI, LP; Republic Energy Ventures, LLC; and Prima Oil Company, Inc. v. EQT Production Company, in the United States Court of Appeals for the Fourth Circuit Docket No. 12-2553; On appeal from the United States District Court for the Northern District of West Virginia at Clarksburg. Outcome: memorandum decision affirming Circuit Court decision granting summary judgment.
- State of West Virginia ex rel., Justin S. Golden, Sr., New York Life Insurance and Annuity Corporation, and NYLIFE Securities, LLC v. The Honorable Tod J. Kaufman, & Mark A. Miller, in the Supreme Court of Appeals of West Virginia Docket No. 14-0280. Outcome: petition for writ of prohibition granted.
- Named a 2020 “State Litigation Star” in General Commercial, Product Liability, Healthcare, Oil and Gas by Benchmark Litigation
- Recognized by Chambers USA: America’s Leading Lawyers for Business among “Leaders in their Field” for Litigation: General Commercial
- Selected as a 2017 Elite Lawyer of the South by Martindale-Hubbell and American Lawyer Media
- Named to The Best Lawyers in America ® (Commercial Litigation; Insurance Law; Litigation - First Amendment; and Media Law)
- Peer-Review Ranked AV by Martindale-Hubbell
- Recognized by Super Lawyers (Business Litigation), 2012-present
- April 24, 2020
- April 10, 2020
- August 15, 2019
- June 3, 2019
- April 17, 2019
- March 7, 2019
- February 19, 2018
Presentations & Events
- Moderator: As Judges See It: What Attorneys Need to Know About West Virginia's Business CourtNational Business InstituteCharleston, West Virginia, May 2016
- Stuart routinely presents to The West Virginia Bankers Association, The Community Bankers of West Virginia and has been a panelist on The West Virginia Chamber of Commerce's CourtWatch
- Presentation: West Virginia Consumer Credit and Protection Act - Review & Update, by Floyd Boone, Julia A. Chincheck, Stuart A. McMillan, Sandra M. Murphy and Amy J. TawneyWest Virginia Bankers AssociationCharleston, West Virginia, November 20, 2013
Articles & Alerts
- Fluharty v. Quicken Loans Inc., No. 15-1439 (4th Circuit July 14, 2015) by Sandra M. Murphy, Floyd Boone, James E. Scott and Stuart A. McMillanAmicus Brief, July 14, 2015
- "Unconscionability Under the West Virginia Consumer Credit and Protection Act Requires 'Procedural' and 'Substantive' Unfairness," by Floyd Boone, Stuart A. McMillan, Sandra M. Murphy and James E. ScottAmicus Brief, March 31, 2015
- "West Virginia Supreme Court Finds That Coverage Opinions and Seminars Materials Prepared by Outside Counsel are Protected by Attorney Client Privilege"Litigation Alert, June 5, 2014
- Network of Trial Law Firms, Board Member
- International Association of Defense Counsel (IADC), Member
- American Bar Association (Tort and Insurance; Complex Torts; and Judicial Improvement committees)
- West Virginia State Bar Association
- Chair, Judicial Improvement Committee
- Board of Governors, 2002-2005 and 2008-2011
- Lawyer Referral and Information Service (Former Chairman)
- West Virginia University College of Law (Dean's Advisory Council)
- Hollowell Foundation (Board Member)
- Kanawha United Presbyterian Church (Trustee)
- YMCA of the Kanawha Valley (Former Chairman)