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January 11, 2019

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Melissa Foster Bird

Partner

949 Third Ave.
Suite 200
Huntington, WV 25701
T 304.526.3503
M 304.634.6919
F 304.526.3543
melissa.fosterbird@nelsonmullins.com
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Melissa Foster Bird has served as lead trial counsel in more than 35 trials in state and federal courts in West Virginia, Ohio, Kentucky, and Virginia. Her experience includes representing clients in complex cases in the pharmaceutical, medical device, transportation, and chemical industries—including other manufacturers, retailers, and convenience stores—in some of the most difficult venues...

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Melissa Foster Bird has served as lead trial counsel in more than 35 trials in state and federal courts in West Virginia, Ohio, Kentucky, and Virginia. Her experience includes representing clients in complex cases in the pharmaceutical, medical device, transportation, and chemical industries—including other manufacturers, retailers, and convenience stores—in some of the most difficult venues in the nation.

in the nation.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Served as stand-up trial counsel for national medical device manufacturer in pelvic mesh trials, participating in discovery, de bene esse depositions, and trial strategy
  • Deposed and defended fact witnesses, plaintiffs, treating physicians, and experts in depositions for pelvic mesh multidistrict litigation
  • Deposed plaintiffs, fact witnesses, and treating physicians in hormone therapy (HRT) litigation
  • Took evidentiary depositions of treating physicians for use in cholesterol drug trials
  • Experience in workplace sexual harassment and retaliatory termination
  • Experience in railroad defense litigation, products liability, premises liability, professional malpractice, and toxic tort cases
  • Published in the areas of privacy and media law
  • Taught seminars in the areas of effective motion practice, expert witness direct and cross examination, trial practice and tactics, and scientific research concerning cumulative trauma disorders

Representative Cases

  • Defended claim of employer negligently assigning worker to tasks knowing they were beyond his physical restrictions
  • Defended allegation of sexual harassment and retaliatory discharge, emotional distress, libel, slander, and defamation
  • Defended claim of a disabling back injury during the course of heavy industrial work and claim that tools and methods provided by employer created a unsafe work environment
  • In a Mingo County, West Virginia case, defended allegation of cumulative trauma injuries during work due to the unsafe manner in which he was asked to perform his job
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Served as stand-up trial counsel for national medical device manufacturer in pelvic mesh trials, participating in discovery, de bene esse depositions, and trial strategy
  • Deposed and defended fact witnesses, plaintiffs, treating physicians, and experts in depositions for pelvic mesh multidistrict litigation
  • Deposed plaintiffs, fact witnesses, and treating physicians in hormone therapy (HRT) litigation
  • Took evidentiary depositions of treating physicians for use in cholesterol drug trials
  • Experience in workplace sexual harassment and retaliatory termination
  • Experience in railroad defense litigation, products liability, premises liability, professional malpractice, and toxic tort cases
  • Published in the areas of privacy and media law
  • Taught seminars in the areas of effective motion practice, expert witness direct and cross examination, trial practice and tactics, and scientific research concerning cumulative trauma disorders

Representative Cases

  • Defended claim of employer negligently assigning worker to tasks knowing they were beyond his physical restrictions
  • Defended allegation of sexual harassment and retaliatory discharge, emotional distress, libel, slander, and defamation
  • Defended claim of a disabling back injury during the course of heavy industrial work and claim that tools and methods provided by employer created a unsafe work environment
  • In a Mingo County, West Virginia case, defended allegation of cumulative trauma injuries during work due to the unsafe manner in which he was asked to perform his job

Articles & Speeches

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Recognitions

The bar rules of some states require that the standards for an attorney’s inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

Professional Activities

  • Faculty, litigation trial school, National Association of Railroad Trial Counsel
  • DRI—The Voice of the Defense Bar
  • National Association of Railroad Trial Counsel
  • Defense Trial Counsel of West Virginia
  • Fellow, Litigation Counsel of America

Community

  • Served as a volunteer for the Huntington Museum of Art Capital Campaign, the United Way of the River Cities, the State Scholars Initiative, and the West Virginia Civil Liberties Union
  • Involved in Andrew’s Buddies/FightSMA, an organization that raises funds for research in the area of Spinal Muscular Atrophy

Melissa Foster Bird has served as lead trial counsel in more than 35 trials in state and federal courts in West Virginia, Ohio, Kentucky, and Virginia. Her experience includes representing clients in complex cases in the pharmaceutical, medical device, transportation, and chemical industries—including other manufacturers, retailers, and convenience stores—in some of the most difficult venues... in the nation.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Served as stand-up trial counsel for national medical device manufacturer in pelvic mesh trials, participating in discovery, de bene esse depositions, and trial strategy
  • Deposed and defended fact witnesses, plaintiffs, treating physicians, and experts in depositions for pelvic mesh multidistrict litigation
  • Deposed plaintiffs, fact witnesses, and treating physicians in hormone therapy (HRT) litigation
  • Took evidentiary depositions of treating physicians for use in cholesterol drug trials
  • Experience in workplace sexual harassment and retaliatory termination
  • Experience in railroad defense litigation, products liability, premises liability, professional malpractice, and toxic tort cases
  • Published in the areas of privacy and media law
  • Taught seminars in the areas of effective motion practice, expert witness direct and cross examination, trial practice and tactics, and scientific research concerning cumulative trauma disorders

Representative Cases

  • Defended claim of employer negligently assigning worker to tasks knowing they were beyond his physical restrictions
  • Defended allegation of sexual harassment and retaliatory discharge, emotional distress, libel, slander, and defamation
  • Defended claim of a disabling back injury during the course of heavy industrial work and claim that tools and methods provided by employer created a unsafe work environment
  • In a Mingo County, West Virginia case, defended allegation of cumulative trauma injuries during work due to the unsafe manner in which he was asked to perform his job

Education

  • Ohio State University, JD (1994)
  • Miami University (OH), BS (1990)

Admissions

  • West Virginia
  • Kentucky
  • Ohio
  • Virginia
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the Eastern District of Kentucky
  • U.S. District Court for the Western District of Kentucky
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Northern District of West Virginia
  • U.S. District Court for the Southern District of West Virginia

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Faculty, litigation trial school, National Association of Railroad Trial Counsel
  • DRI—The Voice of the Defense Bar
  • National Association of Railroad Trial Counsel
  • Defense Trial Counsel of West Virginia
  • Fellow, Litigation Counsel of America
  • Served as a volunteer for the Huntington Museum of Art Capital Campaign, the United Way of the River Cities, the State Scholars Initiative, and the West Virginia Civil Liberties Union
  • Involved in Andrew’s Buddies/FightSMA, an organization that raises funds for research in the area of Spinal Muscular Atrophy
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