Mark A. Carter

Experience

Writ of Mandamus allows client to be placed on general election ballot

Due to a candidate withdrawing from the general election ballot, our client registered and gained her party’s nomination to be the substitute on the ballot. However, the State Election Commission refused the petition. We secured a Writ of Mandamus from the West Virginia Supreme Court of Appeals compelling the West Virginia Secretary of State and State Election Commission to place our client on the ballot as a candidate for the West Virginia House of Delegates on the general election ballot.

BE&K Construction v. NLRB, 536 U.S. 516 (2002)

U.S. Supreme Court overruled circuit court holding that practice of the National Labor Relations Board of awarding attorney fees to all Unions who were not adjudicated liable in civil actions brought by Employers was a violation of the Employer's First Amendment right to petition. Filed amicus curiae brief in aid of Employer's successful claim on behalf of the Labor Policy Association.

Coca-Cola Bottling Co. Consolidated v. Teamsters Local 991, 210 Fed. Appx. 873, 2006 U.S. App. LEXIS 30758 (11th Cir. 2006)

Court overruled district court order granting judgment to Union enforcing arbitration award. Court held an arbitration award granting "make whole" ruling without quantifying the award was ambiguous and vacation of the award was appropriate.

IBEW, Local 1547 v. NLRB, 50 Fed. Appx. 814, 2002 U.S. App. LEXIS 18206 (9th Cir. 2002)

Court affirmed order of the National Labor Relations Board holding that an Employer may maintain a by-law prohibiting family members of Union employees or representatives from qualifying for Board membership.

Labor and Employment Training

When an international technology company sought counsel on the impact of new federal labor laws, they turned to Dinsmore. We organized and conducted a panel discussion, featuring former representatives from the National Labor Relations Board and Dinsmore attorneys, focused on addressing current and pressing issues with regard to federal labor law, including social media, collective bargaining and regulations intended to accelerate elections. The training session educated and prepared members of the client’s human resources and labor personnel on the potential impact of relevant laws and initiatives, as well as strategies for effective compliance.

New Beckley Mining Corp. v. UMWA, 18 F.3d 1161 (4th Cir. 1994)

Court upheld dismissal of Union claims of RICO against Employer. Court also upheld dismissal of Employer's allegations of civil RICO violations arising out of strike violence.

New Beckley Mining Corp. v. UMWA, 946 F.2d 1072 (4th Cir. 1991)

Court overruled lower court's dismissal of civil RICO allegations against Union focused on strike violence. The Court ruled the federal district court abused discretion by abstaining from hearing federal RICO action.

Progressive Minerals, Inc. v. Muhammad Haroon Rashid, et al., Civ. Action No. 5:07 CV 108, 2009 U.S. Dist. LEXIS 90437 (N.D. WV 2009)

The Court found in the favor of the firm's client, Progressive Minerals, Inc., in a tort action alleging that the defendants defrauded the client in a mineral transaction in West Virginia.

Rum Creek Coal Sales, Inc. v. Caperton, 926 F.2d 353 (4th Cir. 1991)

Assisted lead counsel in case against Governor where Fourth Circuit held state trespass statute unconstitutional and preempted. Also assisted in successful claim for attorney fees of $850,000.

Stafford v. Rocky Hollow Coal Corp., 198 WV 593 (1996)

Court overruled trial court's grant of judgment for wrongful discharge to discharged employee. Court held the lower court erred by allowing evidence of parent company's "bad acts" and evidence did not warrant submission of punitive damages to the jury.

Teamsters Local 372, et al. v. Detroit Newspapers Agency, 956 F.Supp. 753 (E.D. MI 1997)

Court declined to dismiss civil RICO action by Employer against striking Unions. Court held Employer would prevail on civil RICO allegations alleging strike violence involving attempted murder, arson and extortion.

Teamsters Local 372, et al. v. Detroit Newspapers Agency, 993 F.Supp. 1052 (E.D. MI 1998)

Court declined to dismiss civil RICO action by Employer against striking Unions. Court held Employer would prevail on civil RICO allegations alleging strike violence involving attempted murder, arson and extortion.