Assistant Quality Control

Nathan P. Cochran

Attorney at Law

Law Office of Richard G. Gay, L.C.

** ******** ******, ******** *******, WV 25411

Ph: 304-***-**** email: ********@***.***

Education:

Washington & Lee University School of Law, Lexington, Virginia. (J.D. 1991).

Employment:

From 1991-1994, I was employed as an attorney at the law firm of Gibbs & Craze, L.P.A.. Our firm

had offices in Northeastern Ohio, California and Florida. We represented clients or served as

support counsel for other attorneys throughout the nation in a variety of matters in state and

federal courts, at both the trial and appellate level, and in administrative matters. As an attorney

with Gibbs & Craze, I had the opportunity to be involved in numerous issues concerning questions

of civil rights and constitutional law, (related to first amendment issues, freedom of speech,

freedom of religion, and issues under the fifth and fourteenth amendment related to substantive

and procedural due process rights) employment law, taxation, criminal law, civil RICO, and

zoning/land use regulations. I was assistant counsel in numerous constitutional and religious

liberty matters throughout the United States. We also participated in an advisory capacity for

various non-profit and not-for-profit organizations concerning lawsuit avoidance and risk

reduction, and conducted seminars regarding those issues. During my tenure at Gibbs & Craze,

and within the scope of my employment, I traveled to every continental state with the exception

of Nevada, Utah, and North Dakota.

From 1994-2000, I was employed as Assistant Prosecuting Attorney, Berkeley County, West

Virginia. During the course of my employment as Assistant Prosecutor in Berkeley County, I was

the responsible attorney for trials of numerous felony and misdemeanor cases. I assisted in civil

cases on behalf of Berkeley County. I assisted in preparation of Appeals in the West Virginia

Supreme Court. I also handled asset forfeiture and a variety of other matters.

From February 2000-present, I have been employed with the Law Office of Richard Gay, L.C.

located at 31 Congress Street, Berkeley Springs, WV 25411. While so employed, I have been

directly and substantially involved in numerous matters of civil and criminal litigation, trials and

appeals. I have handled cases for the Law Office of Richard G. Gay, L.C. in the West Virginia

Supreme Court of Appeals, the United States Court of Appeals for the Fourth Circuit, the United

States District Court for the Northern District of West Virginia, the Circuit Courts of Jefferson,

Berkeley, Morgan, Hardy, Hampshire, and Marshall Counties, and numerous administrative

agencies. I also successfully opposed a petition for writ of certiorari in the United States Supreme

Court.

Nathan P. Cochran

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Current Areas of Practice:

Land Use / Construction Litigation

We have represented builders and developers in a wide variety of real estate, zoning, land

use, and construction litigation. These matters have included trials in state and Federal court,

and numerous cases before the W. Va. Supreme Court that have helped define West Virginia

law in planning and zoning. We have appeared before administrative agencies such as the

West Virginia Public Service Commission on behalf of developers to challenge regulations

such as Capacity Improvement Fees. We have appeared before the West Virginia

Environmental Quality Control Board to defend developers rights. We were the legal counsel

for the creation of a proposed zoning Ordinance for Morgan County, West Virginia.

Trust and Estate Litigation

We have handled numerous types of estate and trust litigation, some involving millions of

dollars and having multistate components.

Employment Law Litigation

We represent employers and workers in employment claims, including class action

allegations. We have represented employers in multimillion dollar workers compensation

claims and the deliberate intent exception to the workers compensation act. We have

represented injured workers. We have represented hospitals in lawsuits and administrative

matters involving employment and other claims. We represented doctors and nurses in

lawsuits and administrative actions concerning medical privileges and licensure. We handle

insurance cases and bad faith claims.

Business & Commercial Law

We were counsel for the sale of Morgan County War Memorial Hospital, including drafting

and finalizing the bid documents and the sale documents. We have represented government

contractors, including government contractor employer defense in trial. We have shepherded

businesses through corporate dissolution. We were counsel in Qui Tam litigation. We have

successfully defended hospital antitrust claims. We have litigated in Bankruptcy Court. We

have drafted employment policies for businesses. We have written and analyzed numerous

complicated contracts and litigated many contract issues, which gives me experience as to

real-world contract requirements.

General Representation

We have engaged in FELA litigation. We have represented wrongful death and personal

injury clients. We have engaged in products liability litigation involving severe injury, as well

as general products liability involving expensive commercial construction equipment. We

have represented city and county governments in numerous issues, including employment

claims, contract disputes, environmental claims, and construction issues.

Nathan P. Cochran

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Bar Admission:

Supreme Court of Pennsylvania, 1991

West Virginia Supreme Court of Appeals, 1992

United States District Court for the Western District of Pennsylvania, 1991

United States District Court for the Southern District of West Virginia, 1992

United States District Court for the Northern District of West Virginia, 2000

United States Court of Appeals for the Fourth Circuit, 2000

United States Supreme Court, 2008

Other:

Seminar Presenter, Practical Guide to Zoning and Land Use Law in West Virginia,

Seminar Presenter, teaching local government officials issues relating to land use.

Seminar Presenter, Land Use and Zoning Law Litigation, 2011

I have advanced Mediation training

Cases:

Patrick Henry Estates Homeowners Ass'n, Inc. v. Miller, 758 F.Supp.2d 331, (N.D.W.Va.,

2010) (Memorandum Opinion); State ex rel. Baker v. Morgan County War Memorial Hosp.

ex rel. Morgan County War Memorial Hosp. Bd. of Directors, -- S.E.2d --, 2010 WL

2486171 (W.Va., 2010); Jefferson Orchards, Inc. v. Jefferson County Bd. of Zoning Appeals;

225 W. Va. 416, 693 S.E.2d 781 (2010), Rissler v. Jefferson County Bd. of Zoning Appeals;

225 W. Va. 346, 693 S.E.2d 321 (2010); Ashbaugh v. Corporation of Bolivar, 223 W. Va.

741, 679 S.E.2d 573 (2009); Jefferson County Citizens for Economic Preservation v. County

Commission of Jefferson County, 224 W.Va. 365, 686 S.E.2d 16 (2009); Far Away Farm v.

Jefferson County Board of Zoning Appeals, 222 W. Va. 252, 664 S.E.2d 137 (2008);

Dunleavy v. Far Away Farm, LLC, 129 S.Ct. 573, 172 L.Ed.2d 431 (Nov. 2008) (Cert. denied);

Morgan County War Memorial Hospital, ex rel. Bd. of Directors of War Memorial Hospital

v. Baker, 314 Fed. Appx. 529 (2008) (Unreported Opinion); State ex rel. City of Charles

Town v. County Commission of Jefferson County, 221 W. Va. 317, 655 S.E.2d 63, (2007);

Parker v. The Estate of Hartford E. Bealer, 656 S.E.2d 129 (2007); Davey v. Estate of

Haggerty, 219 W. Va. 453, 637 S.E.2d 350 (2006); Jefferson Utilities, Inc. v. Jefferson

County Bd. of Zoning Appeals, 218 W.Va. 436, 624 S.E.2d 873 (2005); State ex rel. Brown

v. Corp. of Bolivar, 614 S.E.2d 719 (2005); U.S. ex rel. Werner v. Fuentez Systems, 319 F.

Supp. 2d 682 (N.D. W. Va. 2004); State ex rel. Bronson v. Wilkes, 216 W.Va. 293, 607

S.E.2d 399, (2004); Ways v. Imation Enterprises Corp., 214 W.Va. 305, 589 S.E.2d 36, (

2003); Corliss v. Jefferson County Bd. of Zoning Appeals, 591 S.E.2d 93 (W. Va. 2003);

Riner v. Newbraugh, 211 W. Va. 137, 563 S.E.2d 802 (2002); Cambridge Capital Group v.

Pill, 20 Fed. Appx. 121 (2001), and assisted in State v. Hensler, 415 S.E.2d 885 (W.Va.,

1992).

Nathan P. Cochran

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