Judge Scarr

Hon. Thomas E. Scarr (Ret.)

eMail:  tscarr@juridicalsolutions.com

Telephone:  888 EX-CURIA (392-8742)

Rate:  $400/hr

Hon. Thomas E. Scarr (Ret.)

Now retired from the bench, Judge Thomas E. Scarr brings over four decades of litigation and appellate experience to his work as a mediator, arbitrator, and neutral. He recently completed his term as Chief Judge of the Intermediate Court of Appeals of West Virginia, where he served from the Court’s inception in 2022 through the end of 2024. During his tenure, he authored numerous published decisions and helped establish the Court’s early jurisprudential legacy.

Before his appointment to the bench, Judge Scarr built a distinguished trial and appellate practice across West Virginia and the Mid-Atlantic. Throughout his career, he has tried more than 40 jury trials, handled complex commercial, construction, employment, and toxic tort matters, and represented clients in both state and federal courts. He served as Litigation Section Leader and Marketing Committee Chair at Jenkins Fenstermaker, PLLC, and earlier was a partner at Bowles Rice McDavid Graff & Love.

Judge Scarr has long been recognized as a leader in the legal profession. He holds an AV Preeminent rating from Martindale-Hubbell (since 1996), and has been consistently listed in Best Lawyers in America, Chambers USA, Benchmark Litigation, and Super Lawyers. He served as President of the West Virginia State Bar (2021–22) and is trained in both basic and advanced mediation techniques approved by the State Bar.

 

AREAS OF EXPERTISE

Commercial and construction litigation ▪ Employment and labor ▪ Medical malpractice ▪ Professional liability ▪ Toxic torts ▪ Products liability ▪ White-collar criminal defense ▪ Administrative law ▪ Appellate advocacy

 

EDUCATION

Marshall‑Wythe School of Law, College of William & Mary, J.D., 1981

University of Virginia, B.A. with Distinction in English Literature, 1978

 

PROFESSIONAL AND COMMUNITY EXPERIENCE

President, West Virginia State Bar (2021–22)

President, Defense Trial Counsel of West Virginia (2004–05)

Permanent Member, Judicial Conference, U.S. Court of Appeals for the Fourth Circuit

Member, American Bar Association; Defense Research Institute

Trustee, Huntington Museum of Art (2004–15; 2017–22)

 

SELECTED PANELS & PRESENTATIONS

Judicial Leadership & Reform

Speaker, Creation and Operation of the Intermediate Court of Appeals of West Virginia (multiple forums, 2022–present)

Panelist, Elected vs. Appointed Judges: How Judges Are Chosen – Hampden-Sydney College Bar Association (2022)

Co-Presenter, Maintaining Civility in the Practice of Law – WV State Bar Regional Meeting (2021)

Litigation & Discovery Practice
Faculty, Discovery Reform and the New Federal Rules – WV CLE (2016)

Presenter, Deposition Practice – Cabell County Bar Annual Seminar (1995)

Faculty, Effective Motion Practice in WV – Lorman Education (1993)

Instructor, Litigation Training Program – Bowles Rice (1991–1992)

Employment & HR Law

Faculty, HR Essentials – WV Chamber of Commerce / SHRM HR Summit (2007)

Lecturer, FMLA Analysis for HR Directors – Charleston HR Forum (1993)

Speaker, Employment Law & Document Management – SHRM WV (2000–2001)

Medical & Legal Ethics

Panelist, Professionalism from the Bench and Bar – WV CLE (1996)

Guest Lecturer, Risk Management for Nurse Practitioners – University of Arizona (2002–2004)

CLE Instructor, Privileges and Evidentiary Protections (multiple years)

Other Notable Topics

Author & Speaker, Civil Justice Reform in West Virginia – Defense Trial Counsel (2003)

Instructor, Federal Court Rules and Procedure in WV – National Business Institute (1996, 1998)

Panelist, Settlement Negotiations and Trial Prep – WVU Law School (1987)

SELECTED PUBLICATIONS

Judge Scarr has written extensively for legal and civic audiences, including multiple “President’s Page” columns in The West Virginia Lawyer, presentations on judicial professionalism, and continuing legal education topics such as federal discovery reform, employment law, and legal ethics. He is a co-author of a widely cited critique of West Virginia’s civil justice system published by the Defense Trial Counsel of West Virginia