Johnnie E. Brown

Johnnie E. Brown was born in Williamson, West Virginia on October 1, 1962. He resides in Charleston with his wife, Amy, and three children, Carrie, Marshall and Roger. He was admitted to the West Virginia State Bar in 1987. Mr. Brown obtained his B.S. in Political Science from Marshall University in 1984 and his Doctor of Jurisprudence from West Virginia University College of Law in 1987. While at the College of Law, Mr. Brown was a member of the West Virginia Law Review, and recipient of the Order of the Barrister. Mr. Brown also received the Lugar Cup which is awarded to the College of Law’s Top Trial Advocate.

Mr. Brown successfully completed the National Institute of Trial Advocacy’s Master Advocate Program in 1995 and National Institute of Trial Advocacy Instructor Training Program in 1996.  He has been lead counsel in approximately eighty (80) civil trials and has participated in hundreds of mediations and arbitration matters.

Mr. Brown’s prior experience consists of representing corporations and insurance companies in all areas of litigation, including vehicular and truck negligence, premise liability, products liability, environmental litigation, toxic tort defense, state and municipal liability, excessive force claims and insurance coverage declaratory judgment litigation.

Mr. Brown joined Pullin, Fowler & Flanagan PLLC in 1999 as a member of the Firm.  For the last ten (10) years, a significant part of his practice has consisted of representing automobile dealers and the manufacturers of modular and manufactured housing, in all aspects of consumer and commercial litigation.  He provides consulting and compliance counseling to his automobile dealer and manufactured housing clients on a continuing basis.

Mr. Brown also maintains an extensive employment law practice representing both private and public entities on claims of discrimination, wages and benefits, and breach of implied contract in Federal and State courts and the Human Rights Commission.  He is also engaged in drafting employee handbooks and providing compliance training to employers on many employment areas.

Mr. Brown is general counsel to the West Virginia Automobile and Truck Dealer Association and the West Virginia Housing Institute and is a frequent speaker at the annual meetings of both organizations.  He has been involved in drafting industry forms for use during sales transactions and drafting legislature concerning consumer issues.

In 2012, Mr. Brown was awarded a rating of AV Preeminent, the highest possible rating, in both legal ability and ethical standards by Martindale-Hubbell.  The AV Preeminent Rating is the pinnacle of professional excellence earned through a strenous Peer Review Rating process that is managed and monitored by the world’s most trusted legal resource, Martindale-Hubbell.

Current Employment Position(s):

• Equity Member

Areas of Practice:

• Employment Law
• Civil Rights Claims
• Manufactured Housing Law
• Auto Dealerships
• General Liability

Litigation Percentage:

• 75% of Practice Devoted to Litigation

Bar Admissions:

• West Virginia, 1987
• U.S. District Court Southern District of West Virginia, 1987
• U.S. District Court Northern District of West Virginia, 2005
• U.S. Court of Appeals 4th Circuit, 1992

Education:

• West Virginia University College of Law, Morgantown, West Virginia, 1987
  J.D.
  Honors: Order of Barristers
  Honors: Lugar Cup Winner
  Law Review: West Virginia Law Review, Member, 1987
• Marshall University, Huntington, West Virginia, 1984
  B.A.
  Honors: Dean’s List
  Major: Political Science

Representative Cases:

• Dent v. Kaufman, 185 W.Va 171 (W.Va. 1991)
• United States v. Shaffer Equip. Co., 11 F.3d 450 (4th Cir. 1993)
• Municipal Mut. Ins. Co.of West Virginia v. Mangus, 443 S.E.2d 455 (W.Va. 1994)
• Hall’s Park Motel, Inc. v. Rover Construction, Inc., 460 S.E. 2d. 444 (W.Va. 1995)
• West Virginia Human Rights Com’n v. Garretson, 468 D.E. 2d 733 (W.Va. 1996)
• Kapourales v. Summit Corp, 423 S.E.2d 641 (W.Va. 1992)
• Robertson v. Fowler, 475 S.E.2d 116 (W.Va. 1996)
• United States v. Shaffer Equipment Co., 158 F.R.D. 80 (W.Va. 1994)
• Harmon v. Elkay Mining Co., 500 S.E.2d 860 (W.Va. 1997)
• McClure v. City of Hurricane, W.Va. Lexis 151 (2010)
• Conley v. Stollings, 223 W.Va. 762, 679 S.E. 2d 594 (2009)
• Keeney v. Charnock, 221 Fed.Appx. 289 (2007)
• Osborne v. County Commission of Kanawha County, W.Va., 143 Fed.Appx. 554 (2000)
• West Virginia Fire & Casualty Company v. Mathews, 209 W.Va. 107, 543 S.E.2d 664 (2000)

Representative Clients:

• West Virginia Automobile and Truck Dealers Association
• West Virginia Housing Institute
• Sentry Insurance
• Travelers Insurance Company
• AIG Claim Services
• Zurich Insurance
• Erie Insurance Company
• Martin Automotive Group
• Thornhill Superstore, Inc.
• Ramey Motors, Inc.
• Lewis Chevrolet
• Tom Peden Dealerships
• Clayton Manufactured Housing, Inc.
• Champion Homes
• Giles Industries of Tazewell, Inc.
• Baughan Industries, PTY, LTD
• Lennox International Inc.
• Trident Insurance

Honors and Awards:

• AV® Distinguished™ Peer Review Rated by Martindale-Hubbell®
• Lugar Cup Winner
• WV Super Lawyer, 2012 – Present
• WV Super Lawyer, 2011 – Present
• Rating of AV Preeminent by Martindale-Hubbell, 2012 – Present

Professional Associations and Memberships:

• National Association of Dealer Counsel

Board of Directors

• American Bar Association, Litigation and Law Practice Management Section, 1987 – Present

Member

• Defense Trial Counsel of West Virginia, 1989 – Present

Member

• Defense Research Institute, 1987 – Present

Member

• J. Ruben Clark Law Society

Member

• American Inns of Court

Master of the Bench

Past Employment Positions:

• McQueen & Brown, L.C., Partner, 1987 – 1996
• Shaffer & Shaffer, Partner, 1996 – 1999

Pro Bono Activities:

• President, Greater Sissonville Development Council
• West Virginia Pro Bono Referral Project