Max Corley

Max L. Corley’s practice is focused on the defense of clients in employment and other civil defense litigation and in federal and state workplace safety and health matters, including mine safety and health (MSHA) and occupational safety and health (OSHA) regulatory and enforcement matters.

He has extensive civil litigation experience and practice in defending against claims involving workplace deliberate intent, workers’ compensation discrimination, age discrimination, race discrimination, gender discrimination, disability discrimination, workplace harassment, wrongful death and personal injury, commercial litigation, products liability and breach of warranty, medical malpractice, insurance defense, premises liability, and other torts. Utilizing his business and litigation background, Max also effectively assists clients in navigating MSHA and OSHA regulatory compliance and enforcement matters.

Max regularly represents mine operators and contractors in the coal industry and in the metal/nonmetal sector of MSHA enforcement, including mine operators and producers of various metals and aggregates. He actively defends mine operators and contractors in MSHA civil penalty proceedings, Section 110(c) special investigations of mine management and foremen, Section 105(c) miners’ discrimination complaints, pattern of violations (POV), and other enforcement matters.

He also assists mine operators, employers and contractors with internal and MSHA and OSHA accident and fatality investigations, and provides pre-enforcement and post-enforcement consultation services and training to mine management and company safety representatives.

EXPERIENCE:

• Represented municipality in an arbitration of a union grievance regarding the disciplinary suspension of an employee and received a favorable arbitration decision upholding the employee’s suspension for just cause
• Represented municipality in an arbitration of a union grievance regarding employee seniority and received a favorable arbitration decision upholding the municipality’s decision to carry over an employee’s seniority to a new division
• Represented an employer in an OSHA civil penalty proceeding and informal conference related to a workplace accident resulting in an amputation and obtained a favorable penalty reduction on behalf of the employer
• Represented a trucking company employer in an OSHA fatal accident investigation of a service van explosion
• Represented manufacturing client in an age discrimination case under the West Virginia Human Rights Act and obtained summary judgment on the client’s behalf following discovery
• Represented coal and metal/nonmetal mine operators and contractors in fatal and non-fatal MSHA accident investigations
• Represented mine operators and management personnel in numerous MSHA Section 110(c) special investigations and individual penalty assessments

Education:

• J.D. West Virginia University
• B.B.A. Marshall University (magna cum laude)

Memberships:

• West Virginia State Bar
• Associate Editor, West Virginia Law Review 1995-1997
• Outstanding Student Award, College of Business, Accounting Department, Marshall University
• West Virginia Coal Association
• Safety and Health Committee, National Stone, Sand and Gravel Association (NSSGA)
• Past Member, Board of Directors, American Red Cross, Central West Virginia Chapter, 2005-2010