David K. Hendrickson, a founding partner of Hendrickson & Long, PLLC, is one of West Virginia’s most experienced litigation attorneys. With more than 34 years of trial experience, Dave is one of the leading attorneys in toxic tort litigation that West Virginia has to offer. He is especially knowledgeable in cases involving many known toxic substance, including asbestos, acrylamide, benzene, PCB, solvents, aromatic hydrocarbons, and multi-chemical sensitivities.
Dave’s practice extends beyond toxic tort cases. He also litigates cases involving personal injury, insurance defense, and general business litigation as well as many product liability claims and has proven himself skilled in cases involving a wide range of products.
Dave has represented a wide range of clients, from corporations and employers in premises and deliberate intent claims to manufacturers in claims of chemical exposures and all types of product liability claims. He has also represented manufacturers and premises owners in mass trial and class action litigation, winning defense verdicts in these highly specialized areas.
Dave’s quiver also includes extensive experience litigating issues surrounding oil and gas leases, easement disputes, and other defense scenarios typical of natural resource distributors.
In addition to being a premier litigator, Dave mediates and arbitrates dozens of cases a year, proving adept at resolving a multitude of litigious disputes in a quick, efficient and economic manner, while also recognizing when an agreed-upon resolution may not be possible on a given day. Dave also has served as discovery commissioner on a variety of cases and has acted as an expert witness.
Dave is a former captain in the United States Army. He is a member of the International Academy of Trial Lawyers and the National Academy of Distinguished Neutrals. Several national publications have recognized Dave’s legal skills: Chambers, USA; Best Lawyers in America©; Super Lawyers; and Litigation Magazine in the area of Corporate Litigation. And America’s Top Attorneys recently named Dave One of America’s Top 100 Attorneys in Bet-the Company Litigation, Commercial Litigation, High Stakes Litigation, and Product Liability Litigation. Additionally, U.S. News and World Report has recognized Hendrickson & Long as a Tier 1 Law Firm in Commercial Litigation, Construction Law, and Construction Litigation for the past several years.
Dave’s commitment and dedication extend beyond his law practice to his profession at large and to the community. He currently shares his skills by serving on the boards of several charitable, civic, and social organizations. Dave is a proponent of post-high school education for all West Virginians and has served three terms as the West Virginia Higher Education Policy Commission.
Practice Areas:
- Arbitration and Mediation Services
- Business
- Civil Litigation
- Insurance Defense
- Mineral Rights
- Personal Injury
- Product Liability
- Toxic Tort
Education:
- J.D., West Virginia University College of Law, 1982
- B.A., cum laude, West Virginia University, 1979
Bar Admissions:
- Supreme Court of Appeals of West Virginia
- United States Court of Appeals for the Fourth Circuit
- United States District Court for the Northern District of West Virginia
- United States District Court for the Southern District of West Virginia
- United States Court of Federal Claims
- United States District Court for the Southern District of Indiana
- United States District Court for the District of Maryland
- United States Court of Appeals for the Armed Forces
- Supreme Court of Pennsylvania
- Supreme Court of South Carolina
Awards and Achievements:
- A.M. Best Company
- America’s Top 100 Attorneys in Bet-the Company Litigation, Commercial Litigation, High Stakes Litigation, and Product Liability Litigation
- Best Lawyers in America, 2005–Present
- Chambers USA
- Band 1 Rating – Mass Tort Litigation
- America’s Leading Lawyers for Business, 2007–Present
- International Academy of Trial Lawyers (IATL), 2007–Present
- Super Lawyers Top Rated Civil Litigation Attorney in Charleston, West Virginia, 2007–Present
Affiliations and Community Involvement:
- Member, West Virginia State Bar
- Member, National Academy of Distinguished Neutrals, West Virginia Chapter
- Member, Kanawha County Bar Association
- Member, International Academy of Trial Lawyers
- Board Chairman, West Virginia Regional Tech Park
- Trustee, West Virginia University Alumni Loyalty Permanent Endowment Fund
- Business Law Professor, West Virginia University, 2014-Present
- History Professor, West Virginia University, 2006-2008
- History Professor, Criminal Procedures, Marshall University, 1990-1999
- Past National President, West Virginia University Alumni Association
- Past President, Berry Hills Country Club
- Former Chairman, West Virginia Higher Education Policy Commission
- Former Legal Correspondent, WCHS-TV, The Legal Pad
- Former Member, West Virginia University Athletic Council
- Former Member, Educational Broadcast Authority of West Virginia
- Former Member, West Virginia Council for Community and Technical College Education
- Former Member, Association of Governing Boards of Universities and Colleges
Representative Cases:
- EQT Gathering Equity, LLC v. Fountain Place, LLC, 2012 WL 895769 (S.D. W. Va. 2012)
- Harper v. Carmichael Equip., Inc., 2010 WL 2595070 (S.D. W. Va. June 24, 2010)
- Nesselroad v. State Consol. Pub. Ret. Bd., 693 S.E.2d 471 (W. Va. 2010)
- Continental Cas. Co. v. American Home Assur. Co., 2010 WL 1417812 (S.D. W. Va. April 02, 2010)
- Hamrick v. A & I Co., 2009 WL 1077930 (S.D. W. Va. 2009)
- Cavcon, Inc. v. Endress ± Hauser, Inc., 557 F. Supp. 2d 706 (S.D. W. Va. 2008)
- Massey Coal Servs., Inc. v. Victaulic Co. of Am., 249 F.R.D. 477 (S.D. W. Va. 2008)
- State ex rel. Chemtall Inc. v. Madden, 655 S.E.2d 161 (W. Va. 2007)
- Stand Energy Corp. v. Columbia Gas Transmission Corp., 521 F. Supp. 2d 537 (S.D. W. Va. 2007)
- AtlantiGas Corp. v. Columbia Gas Transmission Corp., 210 Fed. Appx. 244 (4th Cir. 2006)
- Roney v. Gencorp, 2006 WL 1582363 (S.D. W. Va. 2006)
- Benson v. CSX Transp., Inc., 2006 WL 1391436 (S.D. W. Va. May 17, 2006)
- Hoffman v. Monsanto Co., 2006 WL 925167 (S.D. W. Va. April 07, 2006)
- Thomas v. Wyeth, 2005 WL 3754203 (S.D. W .Va. June 16, 2005)
- Roberts v. Anchor Packing Co., 2005 WL 1201212 (S.D. W. Va. May 19, 2005)
- State ex rel. Chemtall Inc. v. Madden, 607 S.E.2d 772 (W. Va. 2004)
- Cunningham v. Bombay Prods., Inc., 309 F. Supp. 2d 835 (S.D. W. Va. 2004)
- State ex rel. Mobil Corp. v. Gaughan, 563 S.E.2d 419 (W. Va. 2002)
- State ex rel. Allman v. MacQueen, 551 S.E.2d 369 (W. Va. 2001)
- Nutter v. Owens-Illinois, Inc., 550 S.E.2d 398 (W. Va. 2001)
- Abbott v. A-Best Prods. Co., 122 F. Supp. 2d 688 (N.D. W. Va. 2000)
- Owens-Illinois, Inc. v. Meade, 186 F.3d 435 (4th Cir. 1999)
- Bower v. Westinghouse Elec. Corp., 522 S.E.2d 424 (W. Va. 1999)
- In re Roberts, 178 F.3d 181 (3rd Cir. 1999)
- In re Celotex Corp., 124 F.3d 619 (4th Cir. 1997)
- Shaffer v. Charleston Area Med. Ctr., Inc., 485 S.E.2d 12 (W. Va. 1997)
- Watson v. Appalachian Power Co., 934 F. Supp. 191 (S.D. W. Va. 1996)
- Cline v. White, 393 S.E.2d 923 (W. Va. 1990)
Publications/Presentations:
- Author and Presenter, “Conducting Interviews and Investigations for West Virginia Paralegals” – Institute for Paralegal Education (IPE), Eau Clair, Wisconsin
- Author, “Retention and Graduation Rates ‘What Does Your Report Card Say?’” – Association of Governing Boards of Universities and Colleges
- Author, “What Will Become of the College Campus?” – Association of Governing Boards of Universities and Colleges
- Presenter, “Advanced Mediation Practices” – West Virginia State Bar, 2015