Patrick Timony

[email protected] o 678-974-1541

Experience Highlights

Patrick Timony works as an attorney at Patel Burkhalter Group in Atlanta, Georgia.  As a native of Atlanta, Patrick attended Our Lady of the Assumption (’97) and Marist School (’04).  After completing his education at Furman University (B.A. History 2008) and University of Mississippi School of Law (2008), Patrick worked at Bowles Rice LLP, where he devoted almost eight years of his legal career to assisting individuals, small businesses and Fortune 500 companies with their litigation needs in West Virginia.  Patrick strives to provide the same individual and detailed attention to his clients at Patel Burkhalter.

Whether you are determining whether you have a potential legal claim, defending a lawsuit or prosecuting claims, Patrick will tailor a plan to not only meet your goals, but to achieve these goals in an effective and efficient manner with as little interruption on their business and personal life.  Understanding the stress that accompanies any litigious dispute, Patrick always makes himself available to his clients, through his cell number, text message or email at any time to assist them through the litigation process.

Patrick focuses his litigation practice on construction, financial and commercial disputes, but possesses a variety of litigation experience and success.  Named a Rising Star by West Virginia Super Lawyers in Business Litigation for the past three years (2017-2019),  Patrick possesses significant first and second chair trial experience and defending against class actions.

Industries Served

  • Construction Litigation
  • Commercial Litigation
  • Financial Services
  • Insurance Bad Faith

Services & Skills

Construction Litigation

  • Represents, and has represented, general contractors, subcontractors, owners, school board authorities and homeowners’ associations in construction litigation.
  • Prosecuted and satisfactorily resolved owners’ claims for defective design and delay on a multitude of construction projects (including, but not limited to, schools, hospitals, environmental facilities, luxury townhomes, residential houses, etc.).
  • Assisted contractors and subcontractors in navigating the Miller Act, payment and performance bond claims and defenses on claims for negligent construction and delay.
  • Successfully resolved homeowners’ claims involving negligence related to the mismanagement of their residence by a property management company.
  • Routinely prosecutes and defends claims arising from AIA Construction documents.

 

Commercial Litigation

  • Represents, and has represented, construction companies, banks, car manufacturers, dealerships, hotels, and retailers in consumer disputes.
  • Defended an industrial painting company in an administrative action against the Department of Labor, which resulted in the Department of Labor reducing penalties by approximately $750,000.00.
  • Obtained judgment against Workforce West Virginia to return client approximately $90,000.00 for improperly classifying client’s business as a successor.
  • Managed and facilitated corporate divorce among shareholders of a small business.
  • Routinely prosecutes and defends claims arising from breach of contract, shareholder agreements and purchase transactions.
  • Significant experience prosecuting and defending claims involving complex and special needs trusts.

 

Financial Services

  • Represents, and has represented, a variety of state and national banks, automotive financing companies, loan originators and loan services.
  • Defended and obtain dismissal for commercial clients against allegations of violations of the Fair Credit Reporting Act.
  • Successfully resolved numerous claims under Consumer Credit Protection Acts for alleged unfair det collection practices.

 

Insurance Bad Faith

  • Represents, and has represented, numerous insurance carriers and policy holders in bad faith litigation and coverage disputes.
  • Obtained numerous summary judgments and dismissals in bad faith litigation.
  • Successfully prosecuted clients’ claims for insurance coverage following the destruction of facilities following a fire.
  • Successfully prosecuted claims against annuity company for loss investments.

Relevant Experience

Representative Cases:

Frederick v. W. Va. HHS, 2019 U.S. Dist. LEXIS 41524 (S.D. W. Va. 2019)

Nationwide Life Ins. Co. v. Compton, 2018 W. Va. LEXIS 194 (2018)

Blevins v. Nationwide Gen. Ins. Co., 2017 U.S. Dist. LEXIS 212386 (S.D. W. Va. 2017)

State ex rel. Biafore v. Tomblin, 236 W. Va. 528 (2016)

Keyser House Bonds, LLC v. Keyserhouse Assocs., Ltd., 2014 W. Va. LEXIS 129 (2014)

Allen v. Monsanto Co., 2013 W. Va. LEXIS 13684 (2013)