Mychal S. Schulz
Area of Emphasis
Mychal Schulz is a shareholder in the Litigation, Employment & Labor Services, and Energy & Natural Resources groups of Babst Calland. Mr. Schulz has extensive experience litigating matters in state and federal courts throughout West Virginia. He has been lead trial counsel in both state and federal courts on a variety of matters, including employment, premises liability, insurance bad faith and coverage, commercial, officers and directors liability, ERISA, product liability, consumer protection and criminal matters. In addition, Mr. Schulz routinely handles creditor-rights matters in Bankruptcy Court. He has appeared before the West Virginia Supreme Court of Appeals, the United States Circuit Court for the Fourth Circuit and the West Virginia Intermediate Court of Appeals.
Background
Mr. Schulz graduated from the University of Notre Dame with a B.A. in 1987. He received his M.A. from the University of Virginia in 1990 and J.D. from the William and Mary School of Law in 1992. Originally from Milwaukee, Wisconsin, Mr. Schulz has spent his entire legal career litigating throughout West Virginia.
In addition to his legal work, Mr. Schulz is a USTA/ITA certified tennis official who officiates matches in the Mountain East Conference, is a broadcaster for the University of Charleston men’s and women’s basketball and volleyball teams, and is co-host of “The Tailgate,” a weekly sports talk show on local radio.
Memberships and Affiliations
Mr. Schulz is admitted to practice in West Virginia, Ohio, the United States District Courts for the Northern and Southern Districts of West Virginia, and the United States Court of Appeals for the Fourth Circuit. He is a member of the Kanawha County, West Virginia and American Bar associations. Mr. Schulz is also a member of DRI (formerly the Defense Research Institute) and was selected to DRI’s Center for Law and Public Policy’s State Legislation and Rules Task Force. He also chairs the Appellate Skills Development Subcommittee of the Amicus Committee, which is part of DRI’s Center Law and Public Policy. Mr. Schulz is the immediate past president for the Defense Trial Counsel of West Virginia (DTCWV), the organization for civil defense attorneys in the state and a past chair of Leadership West Virginia, which is affiliated with the West Virginia Chamber of Commerce. In 2023, DTCWV named Mr. Schulz the Attorney of the Year. He was recognized as the Best Lawyers® 2021 and 2023 Litigation – ERISA “Lawyer of the Year” in Charleston, W.Va. and has been listed in The Best Lawyers in America© in the Litigation – ERISA Section since 2012 by BL Rankings. Mr. Schulz is rated by Martindale-Hubbell as AV Preeminent, Peer Rated for the Highest Level of Professional Excellence.
Publications/Presentations
- Co-Author, “Supreme Court of Appeals Addresses Burden of Proof in Design-Defect Products Liability Cases,” Babst Calland Litigation Alert, June 18, 2024.
- Presenter, “Upon Further Review: A Look Back at the Last Year in the Third, Fourth, and D.C. Circuits,” Babst Calland Webinar, May 17, 2024.
- Co-Author, “States Continue to Adopt the ‘Continuous-Trigger’ Theory of ‘Occurrence’ Under Commercial General Liability Insurance Policies,” Babst Calland Litigation Alert, November 15, 2023.
- Author, “West Virginia Supreme Court Refuses to Extend Employer’s Duty of Care in Speedway v. Jarrett,” Babst Calland Employment and Labor Alert, June 12, 2023.
- Author, “WV (Finally) Gets a Unitization Mechanism,” GO-WV News, April 1, 2022.
- Co-Author, “COVID-19 Updates to Pennsylvania & West Virginia Unemployment Laws,” Babst Calland Employment and Labor Alert, April 2, 2020.
- Author, “What the Business Roundtable Can Teach West Virginia,” The State Journal, December 16, 2019.
- Co-Author, “The West Virginia Supreme Court Confirms the Right of Mineral Owners to ‘Reasonably Use’ the Surface to Extract Minerals – for Now,” Babst Calland Energy Alert, June 14, 2019.
- Author, “Beware of ‘Scientific’ Studies Into Adverse Health Effects from Natural Gas Production,” The State Journal, April 2017.
- Author, “We Must Respect the Law, Whatever it May Be,” The State Journal, April 13, 2017.
- Author, “SB 244: A Necessary Step in the Right Direct,” The State Journal, March 2017.
- Author, “State Must Push Harder to Capitalize on Natural Resource Development,” The State Journal, March 22, 2017.
- Author, “The EEOC’s Resistance to ACA-Approved Employer Wellness Plans: Long Awaited Guidance May Be On Its Way,” Babst Calland Employment Bulletin, May 1, 2015.
- Co-author, “Arrest and Conviction Records in Employment Decisions,” The State Journal, June 2012.
- Co-Author, “Wrongful Discharge Cases May Carry Heavy Price Tag,” The State Journal, July 2011.
- Author, “E-mail, Texting and Privacy Rights in the Workplace,” Westlaw Journal Telecommunications’ Industry Report, July 2010.