Jeffrey A. Holmstrand

Jeffrey A. Holmstrand joined Grove, Holmstrand & Delk, PLLC in 2016 where he continues to focus his state-wide practice on defending products liability, mass torts/class actions and complex insurance disputes. He has both acted as lead trial counsel and worked with national counsel in cases involving a wide variety of products including tobacco, prescription medicines, chemicals, and motor vehicles and their tires. Mr. Holmstrand also has an active appellate practice. Over the years has handled dozens of cases before the West Virginia Supreme Court, the United States Court of Appeals for the Fourth, Sixth, Eleventh and Federal Circuits, and the United States Supreme Court - including a successful certiorari petition on behalf of an incarcerated prisoner.

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Practice Concentrations

Defense of mass tort and class action claims, including consumer fraud and other statutory claims including the Telephone Consumer Protection Act, as well as medical monitoring and other aggregate claims 

General Products Liability 

Complex insurance coverage and bad faith disputes 

Appellate practice in state and federal court

Representative Legal Work and Trial Experience:

  • Co-Lead counsel in an MDL proceeding involving multiple cases under the Telephone Consumer Protection Act
  • Lead trial counsel for a variety of cases involving defendants sued under various West Virginia’s consumer fraud statutes and the Telephone Consumer Protection Act. 
  • Local counsel for a third-party defendant chemical manufacturer in two suits by over 100 plaintiffs claiming a variety of injuries. 
  • Lead trial counsel for a chemical manufacturer sued by over 50 plaintiffs claiming that occupational exposure to its products (and those of many other defendants) caused a host of neurological conditions and  other diseases 
  • Appointed liaison counsel on behalf of a sub-group of defendants in a 70-defendant class action filed in West Virginia State court 
  • Lead West Virginia counsel (working with multiple national counsel) on behalf of a leading pharmaceutical manufacturer following its voluntary withdrawal of a prescription medicine from the world-wide market in both individual and class action claims 
  • Trial counsel (working with national counsel) for a tobacco manufacturer sued as a third-party defendant over claims that cigarette smoking caused plaintiff’s non-Hodgkin’s lymphoma resulting in the outright dismissal of the claims against the client 
  • Lead trial counsel (working with national counsel) for a tire manufacturer whose subsidiary’s allegedly defective tires caused SUV roll-over accidents resulting in the dismissal of all claims against the client 
  • Local counsel for a chemical manufacturer over a class action claim that household exposure to its product caused plaintiff’s lung injury 

Honors and Awards:

  • Martindale-Hubbell Peer-Review Rated AV Preeminent® 
  • Best Lawyers in America 2012, 2018 - Lawyer of the Year Morgantown Region - Mass Tort Litigation/Class Actions - Defendants   
  • Best Lawyers in America 2015 – Lawyer of the Year Morgantown Region - Appellate Practice
  • Best Lawyers in America 2014 – Lawyer of the Year Morgantown Region - Product Liability Litigation – Defendants.
  • Best Lawyers in America 2013 – 2018 - Appellate Practice, Commercial Litigation, Insurance Law, Mass Tort Litigation / Class Actions – Defendants, and Product Liability Litigation - Defendants. 
  • Best Lawyers in America, 2012 - Insurance Law, Mass Tort Litigation/Class Actions - Defendants and Product Liability Litigation - Defendants 
  • Who’s Who Legal: Product Liability Defence (2016 – present) (one of 4 West Virginia lawyers so honored)

Professional Involvement:

  • International Association of Defense Counsel 
  • Defense Trial Counsel of West Virginia 
    • Member, Board of Governors (2007 – 2017) 
    • Chair, Amicus Committee (2009 – 2013) 
    • President (2015 – 2016)
    • Vice-President (2014 – 2015) 
    • Treasurer (2013 – 2014)
    • Secretary (2012 – 2013)
  • Defense Research Institute (DRI) 
    • Member, Law Institute (2012 – present) 
    • Member, Class Actions Task Force (2015 – present)
    • Program Chair, 2013 Class Actions Seminar 
    • Products Liability Committee 
      • Member, Steering Committee (2007- present) 
      • Chair, Mass Torts/Class Action Specialized Litigation Group (2007-2009) 
    • Drug and Medical Device Committee 
      • Member, Steering Committee (2012- present)
      • Co-Chair, Class Actions and Multi-Party Litigation SLG (2014 – present)
    • Member, Toxic Tort/Environmental Law Committee 
    • Member, Partnering with Industry Task Force (2009-2010) 
    • Program Vice-Chair, 2011 Class Action Seminar 

Legal Authorship:

  • Article, No Longer the Teacher’s Pet: Has the Supreme Court  Downgraded Aggregate Litigation?, DRI’s For The Defense 55 (November 2013) 
  • Article, Living Up to the Hype: Have the Lower Courts Given Dukes Its Due, DRI The Voice Volume 11 Issue 12 (on-line publication) (March 2012) 
  • Article, Federal Court's Injunction Against State Court Certification Is Reversed, ABA Section of Litigation, Mass Torts Newsletter Fall 2011, Vol. 10, No. 1 (2011) 
  • Book Chapter, Product Liability Cases and the Duty to Warn: A 50 State      Compendium, DRI (2008) 
    • West Virginia chapter author and Regional Editor 
  • Book Chapter, Punitive Damages: A 50 State Compendium, DRI (2009) 
    • West Virginia chapter co-author and co-Managing Editor 
  • Article, NO HARM, BUT STILL A FOUL? Why the Supreme Court’s Punitive Damages Jurisprudence Should Apply to Actions Seeking Statutory Damages, DRI’s For the Defense (November 2011) 
  • Article, WHAT ABOUT HARM: The Supreme Court’s Punitive Damages  Jurisprudence Should Apply to Actions Seeking Statutory Damages, DRI’s Strictly Speaking, on-line publication of the Product Liability Committee (May 2011) 
  • Article, Enforcing the Reliance Requirement: Statutory Consumer Fraud Act Claims, DRI’s For The Defense 43 (October 2010) 
  • Article, WORDS HAVE MEANING: The Causation Requirement In Statutory Consumer Fraud Claims, DRI’s Rx For the Defense, on-line publication of the Drug and Medical Device Committee (April 2010) 
  • Article, Jeffrey A. Holmstrand and Anthony Sammons, Plausible Allegations: Pleading Standards in Mass Tort Cases After Iqbal, DRI’s For The Defense 64 (December 2009) 
  • Article, It's Not Just for Kids: The Consumer Product Safety Improvement Act of 2008 and Its Impact on Product Liability Litigation, DRI The Voice, Volume 8, Issues 36 and 37 September, 2009 (on-line      publication) 
  • Article, Exxon Shipping Co. v. Baker: The Supreme Court on Punitive      Damages and Other Issues, ABA – Section of Litigation – Mass Torts Litigation – Articles webpage 
  • Article, Are Juries Asking The Right Questions? Implementing The Due Process Protections Philip Morris, USA v. Williams Imposed On The Procedures Used In Awarding Punitive Damages, DRI The Voice, Volume 7, Issue 2 January 16, 2008 (on-line publication)