Class Action

David treats every case from day 1 as if it will be presented to a jury and explains each step of the litigation process so that you are an informed client and trial partner. David joined the firm as a “Summer Associate” in May of 2013 after completing his second year of law school. His position was originally for a limited time period spanning the summer months. However, David impressed the partners of E. Stewart Jones Hacker Murphy with his ability to write, critically think on his feet, and the ease of which he understood the new legal issues thrown at him. David stayed on to become a full time Associate Attorney after he graduated. Over the years David has proven himself a zealous trial advocate for his personal injury cases amassing jury verdicts and favorable settlements for his clients. Having tried an assortment of different personal injury cases, David knows from start to finish what it takes to get the result his clients deserve. As the head of the firm’s small class action litigation department, David was lead counsel for a class of over 34,000 people against Stewart’s Shops, which resulted in financial compensation to every class member. David is actively engaged in pursuing compensation for victims of timber theft where he has several trial victories and multiple favorable appellate decisions on the topic, including an appellate decision increasing a $12,000 monetary award to $124,000. David is also very active in the local Rugby community in and around the Capital District. David was introduced to Rugby at Albany Law School. In his second year, David became the Vice-President of the team and eventually became President of the team his third year. While in law school, David became one of the founding members of the Albany Bootleggers, a local social rugby club named after one of E. Stewart Jones’ most famous defense clients, Jack ‘Legs’ Diamond. The Albany Bootleggers not only play rugby but concentrate on fraternity and charity, adopting families in need during the holiday season so nobody has to go without, holding annual cancer research fundraising events and holding fundraising events for wounded veterans. Besides Rugby, David otherwise spends a considerable amount of time with his blind rescue dog Betsy and her brother Murray.

Mr. Segal thrives on the practice of law and his arena of choice is the courtroom. He concentrates on representing catastrophically injured people or the estates of those killed due to the negligence of others. Some of the types of cases he handles involve industrial accidents, aviation tragedies, tractor trailer crashes, train wrecks, mining accidents, electrocutions, workplace injuries, and injuries from defective products. Mr. Segal also has a major practice emphasis on class action litigation and complex mass litigation. The types of class and complex cases he has handled includes asbestos litigation, pharmaceuticals, insurance practices, and a wide range of consumer matters. A few catastrophic injuries are the result of fate. Law, engineering, science and medicine are the tools with which we stop the irresponsible. Education Mr. Segal earned his Bachelor of Science degree from the University of Vermont in 1977. He earned his J.D. in 1981 from the West Virginia University College of Law. Mr. Segal excelled in trial and advocacy skills during law school. He was a member of the Moot Court Board, the National Appellate Competition Team and the National Trial Competition Team. He achieved recognition with the award of the prestigious Order of the Barristers and the Marlyn E. Lugar best advocate award. He has been an avid supporter of both the University of Vermont where he received the Alumni of Achievement Award and West Virginia University, where he was honored with the Most Loyal Alumni Mountaineer Award. Significant Cases Mr. Segal has many significant accomplishments for his clients. For instance, he recently obtained a $25 million jury verdict for a physician who had been treated improperly by a hospital. Mr. Segal was co-trial counsel in litigation regarding the improper payment of gas royalties to thousands of West Virginians. The jury awarded $405 million to the plaintiffs. Mr. Segal was co-lead class counsel in the West Virginia diet drug litigation, which was successfully resolved. He was co-lead class counsel in the West Virginia litigation involving the diabetes drug Rezulin, which is one of the few such cases in the country to overcome legal challenges and reach resolution. Mr. Segal was co-lead class counsel in OxyContin litigation in West Virginia. Mr. Segal was in the forefront of asbestos litigation and has successfully tried and resolved over 15,000 asbestos and/or mesothelioma cases. Professional Associations Mr. Segal is a member of and involved in numerous professional associations. In 1998, Mr. Segal was inducted into the Inner Circle of Advocates, which has a limited membership of one hundred of the best plaintiffs’ trial lawyers in the United States. Some of his other associations include: the American College of Trial Lawyers, the American Association for Justice – Leader’s Forum, the American Board of Trial Advocates, the West Virginia Association for Justice – Board of Governors, and The Fourth Circuit Judicial Conference. He was the co-chair of the Legal Aid of West Virginia’s Campaign for Legal Aid. He teaches continuing legal education seminars regularly in West Virginia and throughout the country. Community Service Mr. Segal believes that commitment to community service is a vital part of honoring the responsibility of being a lawyer. He has been engaged in community service activities since the beginning of his law practice. He is currently serving or has served on numerous boards providing philanthropic guidance, including the United Way Board of Directors, West Virginia Symphony Board of Directors, Thomas Memorial Hospital Foundation, Make-A-Wish Foundation of Western Pennsylvania and Southern West Virginia Board of Directors, and the National Youth Science Foundation Board of Trustees. Mr. Segal and his wife, West Virginia Supreme Court Justice, Robin Jean Davis, are the founders of the Segal & Davis Family Foundation, which supports charitable causes benefiting children and animals. Personal Mr. Segal and his wife, West Virginia Supreme Court Justice, Robin Jean Davis, live in Charleston, West Virginia, with their young son and golden retrievers. Mr. Segal enjoys architecture and photography and used his skills from these interests to guide the design and building of their home. Mr. Segal is an avid skier and has loved the sport since childhood. He and his family enjoy regular ski trips to Colorado. Mr. Segal and his young son have succeeded in conquering the ski mountains of Colorado together and have earned the Talon Challenge Medal. Mr. Segal and his family also enjoy biking and hiking throughout the mountains of West Virginia.

At The Law Offices of Scott A. Miller, APC, our lawyers believe that when you work hard for your employer, then you should receive a day's pay, including your base wage and overtime. In other words, a day's work for a day's pay! It's that simple. You probably have heard the same words at some time in your life. Now, you have come to the right website if you are not receiving what you are owed. We can only promise that if we take your case and you don't give up, you will receive aggressive legal counsel who cares and who understands what is going on. DO I HAVE A CASE? If any of the following questions apply to your working situation, then you may have a strong case for seeking financial recovery Are you told to work off-the-clock? Are you aware that you may not be receiving proper overtime pay if your employer does not use an electric time clock? Do you receive commission pay, and work over eight hours per day or over 40 hours per week? Do you receive a combination of hourly wages and a commission, but also work overtime? Do you have automatic deductions taken from your paycheck that you did not give written consent to? Did you have to purchase specific shoes or other safety equipment? If you work for commission and work overtime, do you get overtime pay for the commission, just as you would on an hourly wage? Does your employer provide you with a completely DUTY FREE REST BREAK during your work shift? Do you have to buy your own tools? Do you have to use your own vehicle for your job without being compensated for mileage? Do you work a four day, 10 hour a day workweek? Do you have to purchase your own uniform? Does your employer pay you in cash, or part in cash and part in check? Does your employer require you to buy their products, such as clothing, shoes, hats, etc.? Are you required to do certain job-related duties before you clock in? Are you required to do certain job-related duties after you clock out? Does your paycheck stub indicate your regular hours worked, your hourly wage, the overtime wage, the number of overtime hours, commission, bonus and all deductions? Do you have to use your own cellphone for work without receiving reimbursement? Does your meal break begin by the 5th hour? If you work 10 or more hours, do you receive a second meal break? If you have an employer that employs over 50 employees that have the same issues as you, would you be interested in helping all of the employees through a class action lawsuit? Are you concerned about other possible labor code violations that you want to discuss? If you work eight hours a day, do you get two 10 minute rest breaks where you are fully relieved of your job duties? Were you classified as a independent contractor?

In environmental law, in exceptionally challenging cases, an ordinary approach is just not enough. Gregory A. Cade, has made this clear when he developed his personal vision of "Know your case". This is his leading principle that successfully combines all the necessary traits in order to solve complex legal issues. Having a solid science background is also a notable difference in his unique approach. Greg is using his Industrial Hygiene degree in handling injuries resulting from exposure to asbestos, benzene, creosote, coke emissions, dioxins, PAHs, PCBs, and other known toxicants. Representing thousands of individual and community claims all over the Southeast for 20 years, Greg is always driven to help injured people, be it in an occupational setting or in an environmental setting, in a mass setting or a class action setting. None of these would be possible without taking things personally, something that not every lawyer has the dedication to do. He has instilled in his entire firm a strong motivation to establish real connections with every client. Detailed knowledge, time consumption and financial risk may be enough reasons for most law firms to avoid environmental cases. For Greg, this is not the case. Patience, loyalty and knowledge make Greg a powerful ally on the side of environmental victims.

I began my practice over 11 years ago with the determination to make things better for my clients and my community. That continues to be the focus of my practice, and I look forward to many years of future service to my neighbors and friends. I grew up in Libertyville, graduating from Copeland Manor, Highland Jr. High, and eventually Libertyville High School in 1997. I attended college at Miami University with a Bachelor’s of Science in Business, Majoring in Marketing. During college, I was president and judicial board chairman of my college fraternity, and was involved with Associated Student Government, various volunteer, and civic groups, and volunteered as a tutor. I attended law school at the University of Cincinnati College of Law, where I was active in Student Court, Moot Court Honor Board, the Tenant Information Project, the Human Rights Quarterly, and was a member of the Dean’s list. During this time I also volunteered as a youth mentor for the Cincinnati Youth Collaborative, taught a High School class curriculum in civics called StreetLaw, and worked part-time for Kaplan tutoring and preparing students for the Law School Admissions Test. I continue to be actively involved in the community. Currently, I sit on the Board of Directors of the Affordable Housing Corporation of Lake County, a non-profit tasked with improving housing options throughout Lake County. I am also currently exploring the formation of a non-profit to rehabilitate abandoned, nuisance homes to stabilize housing values and rid neighborhoods of dangerous and often unsanitary hazards. I am regularly appointed by judges to serve as guardian ad litem in guardianship matters. I currently live in Mundelein with my wife, Dr. Amanda R. Johnston, DVM (veterinarian), our son Merritt, and our dog and cat. In my free time, I enjoy gardening, keeping aquariums, bicycling, hiking, canoeing, golf, coaching youth lacrosse, and rooting for the Chicago Cubs. Effective, knowledgeable, and ethical criminal defense. Call for a free consultation. Lawyer.com Member Questionnaire Please describe a case(s) in the last year or two where you made a big difference. A homeowners association recently tried to enforce long-dormant deed restrictions (ignored for 30 years against) my client, in a discriminatory manner. The association followed none of its own rules, and was ostensibly re-formed solely to discriminate against my client by forcing the costly removal of valuable improvements on his land. A neighbor filed suit, arguing the dormant deed restrictions against my client, who is a person of color and substantially younger than others in the neighborhood, while ignoring blatant violations on their own property and at nearly every other property in the neighborhood. At the close of discovery, we successfully moved the court for summary judgment on the grounds that there was no way the suing neighbor could possibly prevail. My client’s property rights were maintained and the discriminatory action was thwarted. How did you build a successful practice? Mutual respect. I am proud of the fact that my firm offers free initial case consultations. This stems from a recognition that, while my time is valuable, so it the time of my clients. I strongly believe that initial case consultations, even if valuable to clients, should be free, because I do not believe it is fair to charge for time spent evaluating whether my firm can help a certain client, and in developing the plan of action. Once we come up with a plan of action, we communicate that proposed scope of work to the client so they can accept or reject our proposal for representation. Only after a client has agreed to hire us, based on the agreed plan, are legal fees assessed. This approach, based on mutual respect, has been crucial to our firm’s success. What should clients look for in a lawyer? It’s a personal relationship as well as a professional one. Clients must be comfortable with their attorney on both these levels. Clients should be sure that they can communicate well with their attorney. A knowledgeable professional in any field should be able to explain even the most difficult contexts in terms a layperson can readily understand. If you cannot understand your attorney, its probably not a good fit. How important is local knowledge to the success of your cases? The saying goes “A good attorney knows the law, a great attorney knows the judge.” This is true because the practice of the law is not only theoretical, but also practical and pragmatic. An experienced local attorney will typically know the courts, judges, clerks and local procedures better than an attorney who does not practice in the county on a regular basis. Thus, clients represented by local attorneys will reap numerous advantages in the course of a case. What information can you provide in a free phone consultation? Typically, after learning enough about the case for a proper evaluation, I explain how the law works in the area, how I expect the law will be applied to their situation, and how my firm can potentially be of service to the person (and how we would charge for our services). Often, in order to properly conduct an initial consultation, I will need to review relevant paperwork, but with smart phones, scanners and teleconference software, it is increasingly easy to share documents electronically. What information do you need in a free phone consultation? Every case is different, but in general, I will need to know the parties involved in a case (so that I can make sure there is no conflict of interest), I will need to know the location of the case, and often it is very helpful to review relevant documents. Every case is different, and many of the documents I would need to review may be available online (like court records), so a potential client should not be dissuaded from calling to schedule a free consultation. If we need more information, we will let you know. What differentiates you from other lawyers in your community? I do my best to build a strong professional network both within and outside of the legal community. If a potential client comes to my firm and, for whatever reason(s), the case is not a good fit for my firm, we do our best to match the client with the right attorney. What is the most rewarding aspect of your job? Helping people. This is how attorneys help ensure equal justice under law. That’s why good attorneys enter the practice. What are your other interests in addition to law? My hobbies include: canoeing, hiking, bicycling, golf, fishing, disc golf, and keeping aquariums. Causes that I support include Affordable and Just Housing, Medical Research, and community efforts to foster local, small businesses. Are you involved in your community? Yes, I am active in my local and state bar associations, the GLMV, and business networking groups. I am regularly appointed by judges in Lake County to serve as a Guardian ad Litem. I serve on the Lake County Chamber of Commerce as a Board Member. Additionally, I serve as President of the Affordable Housing Corporation of Lake County (AHC), which works closely with Community Partners for Affordable Housing (CPAH) to serve the joint mission of fostering safe, affordable housing in our area.

Ryan P. Barry received his B.A., with honors, from the University of Connecticut and his J.D. from the University of Connecticut School of Law. During law school, Attorney Barry worked as a Judicial Extern for United States District Court Judge Dominic J. Squatrito. He was also selected to membership on The Connecticut Law Review and is the author of "ERISA's Purpose: The Conveyance of Information from Trustee to Beneficiary," 31 Conn. L. Rev. 735 (1999). Attorney Barry is admitted to practice law in the State of Connecticut, the United States District Court for the District of Connecticut and the U.S. Court of Appeals for the 2nd Circuit. He is a member of the Connecticut Bar Association, the Manchester Bar Association, the American Bar Association, the American Association for Justice, the Connecticut Criminal Defense Lawyers Association, and the Connecticut Association of Municipal Attorneys. In July 2018, Attorney Barry was appointed by the judges of the Superior Court to serve for a 3-year term on the Statewide Grievance Committee. Attorney Barry is also a Life Fellow of the Connecticut Bar Foundation, membership for which is by invitation only, and is evidence of professional distinction. He has been named to Connecticut Super Lawyers List since 2020 for his work in personal injury.

David M. Estes concentrates his practice in class action, product liability, and personal injury litigation. Prior to joining the firm, Mr. Estes served as a law clerk to the Honorable Victor Ashrafi of the New Jersey Appellate Division. He also served as a summer clerk to the Honorable Jerome Simandle of the U.S. District Court of New Jersey, and judicial intern to the Honorable Theodore McKee of the U.S. Court of Appeals for the Third Circuit. Mr. Estes is admitted to practice law in New Jersey.

Steven is admitted to practice law in the State of New York and a member of the bars of the U.S. District Courts for the Southern, Eastern and Northern Districts of New York and the U.S Court of Appeals for the Second and Fourth Circuits. He has been admitted pro hac vice to a multitude of U.S. District Courts across the nation. An aggressive and tenacious trial attorney /litigator prosecuting and defending complex cases in both the state and federal courts, he received recognition for his excellent professional skills and achievements, by being appointed as an ADR Mediator by the U.S. District Court, Southern District of New York in 2001. Steven was lead class counsel in the MDL, In re Aon Corp. Wage & Hour Employment Practices Litigation No. 08CV5802 (Hon.Charles P. Kocoras) U.S.D.C., Northern District of Illinois and appointed as a member of the Plaintiffs’ Steering Committee in In Re Nuvaring Products Liability Litigation, 4:08 MDL 1964 (RWS), United States District Court, for the Eastern District of Missouri.

Phil is an AV-rated® trial lawyer. He has tried multiple jury and bench trials and has argued cases in the Colorado Supreme Court, the Colorado Court of Appeals, the Georgia Court of Appeals, the Illinois Appellate Court, the United States District Court for the District of Colorado, the United States District Court for the Northern District of Georgia, and the state trial courts of Colorado, Georgia and Illinois. Phil is licensed to practice before all state courts of Colorado and Georgia as well as the United States District Courts for the District of Colorado and the Northern District of Georgia. Phil focuses his practice on complex family law matters, and also has extensive experience in probate/estate litigation, real estate litigation, commercial litigation, and appellate practice. Phil is rated AV-Preeminent® by Martindale-Hubbell, which is the highest attorney rating available. The Martindale-Hubbell Peer Review Ratings system is based on the confidential opinions of members of the bar and the judiciary regarding their colleague’s legal ability and general ethical standards. An AV® Peer Review Rating signifies that a large number of the lawyer’s peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. It “shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity.” Phil is included in The Best Lawyers in America© for Family Law. Recognition by Best Lawyers is based entirely on peer review. Best Lawyers employs a methodology designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Only approximately 6% of attorneys nationwide are recognized as Best Lawyers in America. The National Trial Lawyers selected Phil as a “Top 100 Civil Plaintiff Trial Lawyer.” Membership into The National Trial Lawyers is by invitation only and extended to those attorneys who exemplify superior qualifications, trial results, and leadership in their respective state based upon objective and uniformly applied criteria. Avvo rated Phil 10.0 “Superb” which is the highest Avvo rating. Phil serves on the Professionalism Coordinating Council of the Colorado Bar Association which works to implement the Principles of Professionalism among members of the Bar and improve the professional conduct of lawyers and judges. Phil served on the PCC subcommittee that drafted the formal definition of professionalism applicable to all Colorado attorneys. Phil served on the American Bar Association Advisory Panel and the ABA Trial Practice and Techniques Committee. Phil is a Master of the Bench in the Rhone Brackett Inn of Court. Phil was a U.S. Army Scholarship recipient. Upon graduation from VMI, Phil was named Distinguished Military Graduate “on the basis of high scholarship, evidence of high moral character, military aptitude, and demonstrated leadership ability.” Phil served as an Army officer for eight years. He received the National Defense Service Medal (Desert Shield/Desert Storm) for his active duty service during the Persian Gulf War.

I believe the best lawyer for you is almost always the one who will care the most about you and solving your problems. He will take the time to carefully listen to you, understand your situation, and give you the best advice on how to deal with it. He’ll give you the time you need to get to know him so you can ask questions and fairly judge if you want him to help or represent you.