Timothy F. Cogan

Timothy F. Cogan

Born in Cleveland, Timothy Cogan is a graduate of Wheeling College (B.A. in history, ‘69), now Wheeling Jesuit University, where he was a member of Alpha Sigma Nu, the National Jesuit Honor Society; of Ohio University (M.A. in history, ‘70); and West Virginia University, where he received his law degree, where he served on the Moot Court Team and Moot Court Board in 1980.

For the 1995 West Virginia Law Review, he wrote, “IS THE DOCTOR HOSTILE,” an article cited by the Department of Labor its December 2000 Preamble to the applicable regulations, 65 Fed.Reg. 79,940, 79,943 (Dec. 20, 2000). The article was also cited by several federal courts of appeal, e.g. the Third Circuit, in Philadelphia.

He also presented papers at annual conferences of the National Coalition of Black Lung & Respiratory Disease Clinics. Among those seminars and papers, Cogan presented at the 2000 Bristol, Virginia seminar on “THE HOSTILITY RULE, IS IT DEAD?” and at the 2006 Nashville seminar the “SILENT ESCALATION OF THE BURDEN OF PROOF.” These seminars were typically attended by lawyers, officials with the DOL, and administrative law judges. In one, a seminar in Alabama, Cogan moderated a panel of judges from the Benefits Review Board.

In the 1970’s, he served as Executive Director of the Wheeling Human Rights Commission and worked in the Miners for Democracy campaign in Billings, Montana, Washington, Pa., and in Washington, D.C. He also clerked on Pauley v. Kelly, which held unconstitutional the method of funding public schools in West Virginia.

In 1982, he joined the firm now known as Cassidy, Cogan, Shapell & Voegelin, L.C. His practice includes employment law, negligence cases, benefits cases, and union-side labor litigation on behalf of the Steelworkers, Autoworkers, Machinists, Food & Commercial Workers, Mine Workers, and other unions. He actively practices in West Virginia and Ohio, and is admitted to practice as well as in Maryland and D.C. (both inactive).

Among his cases are:

    • Amos v. PPG Industries, Inc., 699 F.3d 448, 194 L.R.R.M. (BNA) 2585, 54 Employee Benefits Cas. 1921 (6th Cir. 2012), argued, with Feinstein Doyle Payne & Kravec, Pgh, on brief, rev & rem 2009 WL 2062947, cert. den 133 S.Ct. 2008. Amos has been cited by Wright & Miller, CJS and other sources, including law reviews;
    • Wheeling Park Commission v. Hotel & Restaurant Employees, 198 W.Va. 215, 479 S.E.2d 876 (1996)(picketing as first amendment conduct)(Patrick Cassidy arguing). WPSC v. HERE has been cited favorably by the West Virginia Supreme Court of Appeals, CJS, and at least two law reviews or services;
    • Curry v. Gatson, 180 W.Va. 648, 376 S.E.2d 183 (1986)(racial harassment amounts to good cause for quitting work under UC statute);
    • Mamula v. Satralloy, Inc., 578 F.Supp. 563 (SD Oh. 1983), an early ERISA case granting injunction in favor of employees in plant closing case;
    • U.S. v. Noble, 1993 WL 411745 (4th Cir. 1991)(reversing criminal conviction in part);
      State ex rel. Shelton v. Painter, 221 W.Va. 578, 655 S.E.2d 794 (2007)(reversing punishment in first degree murder);
    • Skukan v. Consolidation Coal, 993 F.3d 1228 (6th Cir. 1992), rev’d 512 U.S 231, later cases 46 F.3d 15 (federal black lung);
    • Burek v. Valley Camp Coal Company, 12 Fed Appx. 152 (4th Cir.), cert den. 524 U.S. 1116 (2002)(federal black lung);
    • Abate v. Wheeling-Pittsburgh Steel Corp., 126 Ohio App.3d 742, 711 N.E.2d 299 (7th Dist. 1998)(unemployment arising out of WPSC work stoppage; employees were awarded millions of dollars in benefits), app. not allowed 82 Ohio St.3d 1477, 696 N.E.2d 604 (Lundberg Stratton, J., would grant)(with Patrick Cassidy);
    • Woodell v. Ormet, 156 O.App.3d 602, 808 NE2d 402, 174 LRRM 3402 (7th Dist. 2004), later case 2005 WL 2033285, 2005-Ohio-372 (7th Dist.)(successful defense of claim for emotional distress arising out of labor dispute)(with USW legal department);
    • State ex rel. Ormet v. Burkhart, 25 Ohio St.3d 112, 495 N.E.2d 42 (1986)(intervention in defense of unsuccessful attempt to block WC injury claim);
    • Lemasters v. Dept. of Corrections, 175 W.Va. 463, 313 S.E.2d 436 1984)(representation of correctional officer);
    • Scott v. PPG Industries, Inc., 920 F.2d 927 (table), 1990 WL 200655 (4th Cir.)(affirming rejection of attempt by employer to seek contribution from union in equal pay and Title VII claims against employer);
    • Cotter v. Prudential Financial, 2006 WL 3290859 (2007 WL 2492791 (granting attorney fees in discovery dispute;
    • State v. Christman, Monroe Country, Oh. 05-CR-B-310 (defendant found not guilty in jury trial);
    • State v. Hackathorn, Monroe County, Oh. (not guilty verdict in vehicular homicide case);
    • State v. Bowersock, 2006 WL 3873440 (Ohio App. 7th Dist.)(reversing conviction in bench trial for exclusion of closing argument);
    • Wallace v. Wheeling Pittsburgh Steel Corp., 2007 WL 1795950 (S.D.Ohio)(discrimination claim against employer and union), later case 2008 WL 4347358 (S.D. Oh. Sept. 19, 2008)(granting motions for judgment on pleadings);
    • Loughery v. Consolidated Coal Co., 2007 WL 1415605 (N.D.W.Va.) (remanding discrimination claim to state court after removal );
    • Peckens v. Rite-Aid, 2011 WL 2938454, 24 A.D. Cases 1695, (N.D.W.Va.)(remanding case to state court after removal);
    • Brooks v. Unemp. Comp. Review Comm., 2007 WL 2758661 (Ohio App. 7 Dist.2007)(affirming trial court’s reversal of UC Board of Review, and finding in favor of employee);
    • Mylan Pharmaceuticals, Inc. v. United Steel, Paper and Forestry Rubber, Mfg., Energy, Allied Indus. and Service Workers Intern. Union, 2011 WL 1157862, (N.D.W.Va.)(granting summary judgment and awarding attorney fees);
    • State v. McLaughlin 226 W.Va. 229, 700 S.E.2d 289, (intervening in issue regarding shape of sentencing retrial).

A member of the National Association of Criminal Defense Lawyers, he has been appointed by the U.S. Court of Appeals for the Fourth Circuit to handle a number of cases. His appellate practice includes perhaps 50 cases and 30 arguments before several appellate courts, including the Fourth and Sixth Circuit Courts of Appeal, and the West Virginia Supreme Court of Appeal and various Ohio appellate courts.Cogan, along with Cassidy, was appointed a Special West Virginia Attorney General in environmental litigation regarding the Waste Technologies Plant in East Liverpool, Ohio.

He has received awards from the NAACP, Wheeling Jesuit University, and Catholic Neighborhood Center (CNC), where he volunteers, and is a member of the Blackstone Club and was a member of the Advisory Board of CNC, where he volunteers.

One of nine “Ironmen” that have run all 38 of the half marathon Wheeling Distance Races, he is a member of the Wheeling Distance Race Hall of Fame. He coached volleyball at Mount de Chantal Academy and later at Wheeling Catholic Central High School for the past 15 or so years.

He served on the Institutional Review Board at Wheeling Jesuit, where he taught business law for several years. He has also designed and taught a Legal Environment course in the Masters in Organizational Leadership sequence.

He and his family and friends sponsor a scholarship in honor of his parents, Maurice and Virginia Cogan, which since 1987 has helped educate perhaps 25 students at Wheeling Jesuit.

He is married to Janet Boyle, a principal in Ghost Writers. They have one son, Kevin Cogan, West Virginia University ‘14.