About WV Litigation Defense Attorney Webster J. Arceneaux III

WV litigation defense attorney Webster J. “Jay” Arceneaux counsels and represents clients in a variety of areas including commercial, consumer, employment, and, environmental law as well as personal injury and toxic tort defense. He also provides arbitration and mediation services for parties in West Virginia (WV) and other states. With more than 40 years of experience, Mr. Arceneaux is a trusted WV civil litigation defense attorney who has earned the respect of his colleagues, clients, and community.

Webster J. Arceneaux III: Honors and Accolades

Mr. Arceneaux has received an AV Preeminent^® rating on Martindale-Hubbell^®, a rating based on reviews by his peers. He was recognized in the 2023 edition of The Best Lawyers in America^® for Litigation - Labor and Employment and Mediation, has been selected by his peers annually for these honors since 2013 for Litigation – Labor and Employment and since 2011 for Mediation, and earned the 2019 Best Lawyers^® Mediation “Lawyer of the Year.” Mr. Arceneaux has also been selected to Super Lawyers^® for business litigation in employment and labor and alternative dispute resolution in Charleston, WV every year from 2007 to 2023.

An Experienced WV Litigation Defense Attorney

As a WV litigation defense attorney, Mr. Arceneaux has tried a variety of matters across multiple industries in state and federal courts. Representative matters include the following:

• Defense of a chain pharmacy in multiple proceedings related to opioids filed by the West Virginia Attorney General, the majority of West Virginia cities and counties, several West Virginia hospitals, and several legal guardians on behalf of NAS babies, in the Circuit Court of Ohio County and before the Mass Litigation Panel;
• Defense of a chemical distributor in a class action medical monitoring case in the Circuit Court of Wyoming County and before the Mass Litigation Panel in the Circuit Court of Raleigh County;
• Defense of law firms and financial institutions in claims alleging civil penalties and common law damages for violations of the West Virginia Consumer Credit and Protection Act;
• Defense of an oil and gas pipeline inspection company for violations of the Fair Labor Standards Act for payment of day rates in the US District Court for the Southern District of West Virginia;
• Defense of an oil and gas company in a deliberate intent action filed by a worker who lost his leg;
• Defense of an employer in claims under the West Virginia Wage Payment and Collection Act for unpaid commissions in the US District Court for the Southern District of West Virginia;
• Defense of an employer in the Circuit Court of Monongalia County for sexual harassment resulting in a decision by the Supreme Court of Appeals of West Virginia affirming the Circuit Court of Monongalia County’s order that the sexual harassment case was required to be arbitrated in State ex rel. Clites v. Clawges. The case was subsequently settled before the arbitration hearing;
• Defense of a home health care company in numerous employment cases, including claims for sexual harassment and sex discrimination, filed in the Circuit Court of Putnam County;
• Representation of the appellants before the Supreme Court of Appeals of West Virginia in a minority shareholder dissent action under the prior code provisions of WV Code § 31-1-123 concerning the inadequate value of shares set by a Special Commissioner and the Circuit Court of Berkeley County's improper ruling regarding prejudgment interest. The Supreme Court of Appeals affirmed in part and reversed in part in Dodd. v. Potomac Riverside Farm, Inc.

A Respected WV Mediation Attorney and Arbitrator

Mr. Arceneaux is a recognized authority in West Virginia on mediation and arbitration. He has taught continuing education seminars on the West Virginia Consumer Credit and Protection Act, arbitration, and mediation, and he has trained mediators throughout the state. Devoting a substantial portion of his time to alternative dispute resolution, Mr. Arceneaux has mediated and arbitrated consumer, employment, insurance, and personal injury matters.

Mr. Arceneaux is on the American Arbitration Association (AAA) panel for commercial, employment, and consumer cases. Mr. Arceneaux is an esteemed WV mediation attorney and arbitrator for commercial and complex cases. His experience in mediation and arbitration includes providing services for the following matters:

• Arbitration of numerous employment cases alleging violations of the West Virginia Human Rights Act and other state and federal employment claims against numerous employers in West Virginia;
• Arbitration of numerous consumer cases under the West Virginia Consumer Credit and Protection Act and other state and federal statutes against numerous financial companies operating in West Virginia;
• Mediation of a class action lawsuit against an employer for age discrimination resulting from a reduction in force;
• Mediation of numerous consumer cases, including many class actions, alleging violations of the West Virginia Consumer Credit and Protection Act;
• Arbitration under the AAA of a wrongful termination claim filed by an employee against a national fast-food restaurant chain;
• Arbitration under the AAA of an insurance coverage dispute arising from a mining accident and personal injury claim; and
• Mediation of a class action for improper drug testing against a national retail chain store.

Education and Background of Webster J. Arceneaux III

A graduate of West Virginia University (WVU) in 1977 and the WVU College of Law in 1980, Mr. Arceneaux is admitted to practice before the Supreme Court of Appeals of West Virginia, the US District Court for the Northern District of West Virginia, the US District Court for the Southern District of West Virginia, the US Court of Appeals for the Fourth Circuit, the US Court of Appeals for the Sixth Circuit, and the Supreme Court of the United States.

Mr. Arceneaux started his practice in 1980 as a law clerk to Justice Thomas Miller of the Supreme Court of Appeals of West Virginia. He served from 1985 to 1986 as a Deputy Attorney General for the Office of the WV Attorney General.

Mr. Arceneaux has been appointed to serve as a Special Commissioner for discovery matters by the Honorable Jennifer Bailey Walker in the Circuit Court of Kanawha County, West Virginia, from July 2002 to the present. He has also served as a Special Commissioner for discovery matters for other judges in the Circuit Courts of Kanawha and Berkeley counties and he has served as a Special Commissioner for discovery matters for the Mass Litigation Panel. He was appointed by the West Virginia Human Rights Commission to serve as an administrative law judge pro tempore in the 2007 to 2009 case of Smith v. Montgomery General Hospital.

Active in the local and legal communities, Mr. Arceneaux serves and has served on multiple boards of directors for local organizations and nonprofits. He is currently the president of the Board of Directors of the West Virginia Access to Justice Foundation and Rea of Hope, Inc., and he is a member of the West Virginia State Personnel Board.

Contact WV Litigation Defense Attorney Webster J. Arceneaux III

WV litigation defense attorney Webster J. Arceneaux has served the state’s legal and business communities for more than 40 years, earning the respect and trust of his peers and clients. He can be reached at Lewis Gianola PLLC in Charleston by phone at (304) 345-2000 or via the law firm’s online contact form.

Bar Admissions

• Supreme Court of Appeals of West Virginia
• US District Court for the Northern District of West Virginia
• US District Court for the Southern District of West Virginia
• US Court of Appeals for the Fourth Circuit
• US Court of Appeals for the Sixth Circuit 
• Supreme Court of the United States 

Education

• West Virginia University College of Law, JD, 1980
• West Virginia University, BA, 1977
  • Magna cum laude

Professional Affiliations

• West Virginia State Bar
  • Board of Governors, 2005 to 2008
• West Virginia Board of Law Examiners
  • District 8 Character Committee, 2010 to present
• American Bar Association 
  • Alternative Dispute Resolution Section
  • Labor and Employment Law Section
• American Inns of Court, The Judge John A. Field, Jr. Chapter, 2007 to present

Recognitions and Awards         

• Rated AV Preeminent^® by his peers on Martindale-Hubbell^®
• Recognized in the 2023 edition of Best Lawyers in America^® for Litigation - Labor (since 2013) and Employment and for Mediation (since 2011)
• Earned the 2019 Best Lawyers^® Mediation “Lawyer of the Year”
• Recognized in Super Lawyers^® for business litigation, employment and labor and alternative dispute resolution in Charleston, WV, 2007 to 2023

Representative Cases

• Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep't of Health & Human Res., 532 U.S. 598, 121 S. Ct. 1835, 11 A.D. Cases 1300 (2001)
• Harper v. Pub. Serv. Comm'n of W. Va., 396 F.3d 348 (4th Cir 2005)
• Barnett v. Cabell Cnty. Comm'n, 2023 U.S. Dist. LEXIS 14281 (S.D. W. Va. 2023)
• Blaniar v. SWN Energy Co., 2022 U.S. Dist. LEXIS 36045 (N.D. W. Va. 2022)
• Jonas v. McLean, 2021 U.S. Dist. LEXIS 185847 (N.D. W. Va. 2021)
• Baxley v. Jividen, 2020 U.S. Dist. LEXIS 239700 (S.D. W. Va. 2020)
• Acosta v. Team Envtl., LLC, 2019 U.S. Dist. LEXIS 14003 (S.D. W. Va. 2019)
• Musick v. Beta Theta Pi Fraternity of WVU, Inc., Nos. 21-0517 and 21-0521, Dismissal Order entered vacating Circuit Court Order (February 9, 2023)
• W. Va. ex rel. AmerisourceBergen Drug Corp. v. Moats, and W. Va. ex rel. Johnson & Johnson v. Moats, __ W.Va. __, 859 S.E.2d 374 (2021)(On Brief)

Presentations and Lectures

• “Because I say so! – Arbitration,” West Virginia State Bar Advanced Mediation Training, July 2019
• “The Fair Labor Standards Act (FLSA): Complying With Exemptions And Other Requirements,” In-House Seminar for West Virginia Department of Health and Human Resources, August 2018
• “Discovery and Civil Litigation Developments in West Virginia,” In House Seminar for West Virginia Attorney General’s Office, July 2018
• “Getting What You Need To Prove Your Case: Tips On How To Prevail Before The Discovery Commissioner,” Panel Member, West Virginia Association For Justice 60th Annual Convention And Seminar, June 2018
• “Tips and Trends in Arbitration,” West Virginia Continuing Legal Education, May 2018
• “Developments in Employment Arbitration Law,” West Virginia State Bar & College of Law CLE Series, April 2016
• “Arbitration Takes Great Strides Forward in West Virginia – Arbitration Issues in Employment Law,” West Virginia Chamber of Commerce, Human Resources Committee, October 2015
• “New Alternatives to Alternative Dispute Resolution,” West Virginia State Bar Advanced Mediation Training, August 2014

Publications

• “Arbitration Takes Great Strides Forward in West Virginia,” West Virginia Human Resources Journal, Summer 2015
• “Current Developments in Arbitration of Employment Matters,” West Virginia Human Resources Journal, Summer 2009
• “Potential Criminal Liability in the Coal Fields under the Clean Water Act: A Defense Perspective,” 95 W. Va. L. Rev. 691, 1993

Community and Public Service

• West Virginia Access to Justice Foundation, President 2016 to present
• Board of Directors, Rea of Hope
  • President 2019 to present
  • Member 2015 to present
• Personnel Board, State of West Virginia, Member 2017 to present
• Read Aloud West Virginia, Volunteer 1991 to 2006, 2009 to 2015
• South Hills Swim Club
  • Board of Directors 1993 to 2007
  • President 1995 to 1998, 2004 to 2006
  • Vice-President 1994 to 1995, 2000 to 2004
• South Hills Soccer Association, Board of Directors 1996 to 2002
• Kanawha Valley Soccer Foundation, Finance Committee 2000 to 2002