Mark A. Kepple

Equity Member - Wheeling Office

Cell Phone: (304) 780-6297

About

Mark A. Kepple, Member attorney with Bailey & Wyant, PLLC, graduated from the West Virginia University College of Law and was admitted to practice law in 1997 in West Virginia and 1998 in Ohio. Mr. Kepple resides in Wheeling and maintains a practice with a regional emphasis in West Virginia and Ohio.

Mr. Kepple's years of experience have provided him with opportunities to try numerous cases to verdict and argue before Appellate Courts in multiple states. His practice is dedicated to a group of private clients across the country where he offers litigation services and confidential advice regarding complex and sensitive matters. Clients find that Mr. Kepple's fierce advocacy and competitive manner paired with his unconventional and creative problem-solving methodology are invaluable to meet their goals.

Mr. Kepple mainly practices in Commercial and Business litigation, Oil & Gas disputes, including Class Actions, Commercial Development, Personal Injury and Employment litigation and is a former member of the West Virginia Bar Board of Governors.

While trial work is uncertain and results vary substantially, Mr. Kepple's recent trial and litigation experience can be found below. These matters contain unique, and challenging factual and legal circumstances. Each case is individual, and results should not be considered to apply to all cases or any set of facts or legal circumstances.

Trial Experience

Obtaining compensation for the property Owner in a contentious Borehole valuation case. Trial outcome.
Obtaining a verdict for his client, an employer, when a young man claimed disability discrimination illegally caused his termination. Trial outcome.
Obtaining a verdict for his client and appellate victories, on a counterclaim, when the client, a landowner where a coal fired circulating fluidized bed boiler electricity generation plant is located, took issue with the quality of coal provided and refused to pay rent and other monetary aspects. The judgment value was approximately twenty million dollars. Trial and Appellate outcome.
Obtaining a verdict for his business client when the client suffered significant property damage loss and the insurance company failed to pay as the agent failed to procure the proper coverage. Trial outcome.
Mr. Kepple has additionally successfully litigated tens of millions of dollars' worth of overriding royalties and royalty deductions.

Education

J.D.– West Virginia University College of Law, 1997
B.A.– Shepherd College, 1994

Bar Admissions

West Virginia State Bar
Ohio State Bar
United States District Court for Northern District of West Virginia
United States District Court for Southern District of West Virginia
United States District Court for the Southern District of Ohio
United States District Court for the Western District of Pennsylvania
United States Court of Appeals Sixth Circuit
Pro Hac Vice in other states and jurisdictions available

Practice Areas

Commercial Litigation
Oil & Gas Disputes
Business Litigation
Commercial Development
Personal Injury
Product Liability
Construction Defects

Professional Associations

West Virginia State Bar, Board of Governors

Reported Cases

Marcus v. Holley, 217 W. Va. 508, 618 S.E.2d 517 (W. Va. 2005).

State ex rel. Morrisey v. Copper Beach Townhome Communities Twenty-Six, LLC, 239 W. Va. 741, 806 S.E.2d 172 (W. Va. 2017).

Smith v. Gebhardt, 240 W. Va. 426, 813 S.E.2d 79 (W. Va. 2018)

Horizon Ventures of W. Virginia, Inc. v. Am. Bituminous Power Partners, L.P., 245 W. Va. 1, 857 S.E.2d 33 (W. Va. 2021)

Horizon Ventures of W. Virginia, Inc. v. Am. Bituminous Power Partners, L.P., 246 W. Va. 374, 873 S.E.2d 905 (W. Va. 2022)

Am. Bituminous Power Partners, L.P. v. Horizon Ventures of W. Virginia, Inc., 248 W. Va. 572, 889 S.E.2d 294 (W. Va. Ct. App. 2023)

Papandreas v. Kawecki, No. 16-0619, 2017 WL 383782 (W. Va. Jan. 27, 2017)

S. Country Farms, Inc. v. Th Expl., LLC, No. 5:21-CV-84, 2021 WL 5147989 (N.D.W. Va. Nov. 4, 2021)