Michael Edward Nogay

Tri-State Litigation Attorney

Mike Nogay earned his undergraduate degree from West Virginia University, magna cum laude, where he was elected to Phi Beta Kappa and served as editor of the Daily Athenaeum. Mr. Nogay received his law degree in 1983 from Washington & Lee University in Virginia, where he was a Benedum Academic Scholar, and subsequently passed the bar examinations in West Virginia, Ohio and Pennsylvania.

In 2014, Mr. Nogay was selected once again to West Virginia Super Lawyers and was a repeat selection for membership in the National Trial Lawyers: Top 100 Trial Lawyers. Also, the National Academy of Criminal Defense Attorneys recognized Mr. Nogay for its “Top 10 Attorney Award for the State of West Virginia” in 2014. Three (3) separate organizations recognized Mr. Nogay for his lawyering skills this past year.

On November 13, 2014, Mr. Nogay won yet another jury verdict acquittal in a felony assault (F-2) criminal trial in St. Clairsville, Belmont County, Ohio. Mr. Nogay has never lost a felony criminal trial– prosecuting or defending– in 31 years of practice.

At the national level, Mr. Nogay was the local NBC on-air legal analyst for WTOV-9 in the Steubenville rape case and the subsequent special grand jury investigation. In July, 2014, Mr. Nogay was recognized in federal court in Wheeling as an expert witness in the area of law and ethical issues involving conflicts of interest. [American Heartland Port v. American Port Holdings, USDC NDWV]. He also successfully litigated a seminal decision in an oil and gas matter in federal court concerning binding arbitration clauses in leases that was widely-reported. (See, Heller v. TriEnergy, Inc., 877 F. Supp. 2d 414 (USDC NDWV, 2012).

Mr. Nogay has recently served as Special Disciplinary Counsel handling lawyer discipline cases for the West Virginia State Bar Office of Lawyer Disciplinary Counsel and has obtained a conviction as a Special Prosecuting Attorney in a felony murder case in Wheeling, West Virginia (See, State v. Wade, 490 SE 2d 724 (W. Va. Supreme Court of Appeals, 1997). He was also appointed by the West Virginia Supreme Court of Appeals as a special hearing examiner in several cases for the West Virginia Human Rights Commission and issued the underlying decisions in cases such as Kerns v Bucklew, 357 S.E. 2d 750 (W.Va. 1987) (abrogating state immunity in employment discrimination cases) and Chico Dairy Co. v. HRC, 382 S.E. 2d 75 (W.Va. 1989) (perceived handicap).

Mr. Nogay is admitted to practice in state and federal courts in West Virginia, Ohio and Pennsylvania and has tried cases before juries in each of those states. His primary litigation focus has been on medical malpractice and serious personal injury cases. He and his partner, Jim Sellitti, have what is believed to be the largest civil jury verdict in Hancock County (WV) history in a medical malpractice case.

Mr. Nogay has successfully tried major criminal cases in both federal and state courts and has won acquittals in cases ranging from counterfeiting to vehicular homicide to drug conspiracy, as well as obtaining a felony murder conviction in Wheeling, WV while serving as a special prosecutor. The National Academy of Criminal Defense Attorneys recognized Mr. Nogay for its “Top 10 Attorney Award for the State of West Virginia” in 2014.

Mr. Nogay practices in the four partner litigation firm of Sellitti, Nogay & McCune, PLLC. Mr. Nogay has extensive civil and criminal litigation experience, including oil and gas litigation and lease negotiations regarding the Marcellus and Utica shale formations in West Virginia, Ohio and Pennsylvania, on behalf of land and mineral owners, and major developers alike.

Mr. Nogay was appointed by West Virginia Gov. Gaston Caperton to the West Virginia Ethics Commission and served as its first secretary. He has also served as an elected member of the Hancock County Board of Education.

Mr. Nogay is a lifelong resident of the Weirton area and has been married to his wife,Robin, for 28 years. They are the parents of three children, Eddie (an All-American pitcher for Washington and Jefferson College who earned an NCAA post-graduate scholarship and is a first year law student at WVU), Maximillian (a former catcher for the West Virginia University baseball team and a First Team All-Academic Big XII Conference selection, who will also be attending law school) and Jennifer (a recent biology graduate of the University of Pittsburgh who will be entering veterinary school). As head wrestling coach at Weirton Madonna High School, Nogay coached his son Max to three state finals appearances and two West Virginia high school state championships.

Mr. Nogay recently authored an academically-praised book on the fortifications in the Ohio Valley during the American Revolutionary War titled, Every Home a Fort, Every Man a Warrior. The book earned him a West Virginia History Hero award from West Virgnia Gov. Earl Ray Tomblin. He is also a nationally-recognized expert on antique fishing tackle, and is the founder of the Old Reel Collectors Association, Inc. (ORCA) — a non-profit organization of vintage fishing reel collectors, with nearly 800 members in over a dozen countries. http://orca-online.org/.

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