Justice, Supreme Court of Appeals of West Virginia
Justice-designate, Supreme Court of Appeals of West Virginia
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Partner, Barr & Klein PLLC
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.
Associate, Hunton Andrews Kurth LLP
Erica is an associate in the Issues and Appeals group at Hunton Andrews Kurth LLP. She assists clients with appeals before federal and state courts involving a wide range of issues, including questions of constitutional, administrative, and environmental law.
Before joining Hunton, Erica served for three years in the Solicitor General’s division of the Office of the West Virginia Attorney General. In that role, she represented the State of West Virginia in administrative, constitutional, environmental, and criminal law matters before the US Supreme Court, US Courts of Appeals, and the West Virginia Supreme Court of Appeals.
Erica served as a law clerk for Judge Elizabeth L. Branch of the US Court of Appeals for the Eleventh Circuit. She received her J.D. from George Mason University and her B.A. from American University.
Chair, Issues & Appeals, Hunton Andrews Kurth LLP
The former Solicitor General of West Virginia, Mr. Lin has been on the front lines of many precedent-setting cases in appellate courts across the country, including in a US Supreme Court victory that George Will called “the court’s most severe rebuke of a president” since the Truman administration. Having argued more than 60 appeals, he brings to clients a well-honed ability to identify the most persuasive issues for appeal and a practiced understanding of how best to frame complex legal questions in appellate courts.
With experience in the private sector and multiple branches of government, Mr. Lin’s practice has spanned a wide range of issues, including major questions of constitutional and administrative law at the federal and state levels. On behalf of more than two dozen states, he won a stay from the US Supreme Court of the EPA’s Clean Power Plan. Described by the New York Times as an “unprecedented” order, the stay was the first time the Supreme Court had ever put a regulation on hold before review by a federal appeals court. In that same case, Elbert argued before the en banc DC Circuit in an historic proceeding that one commenter quoted in E&E News compared to “the NBA All-Star Game.” At the state level, Elbert led the effort that persuaded the West Virginia Supreme Court of Appeals to overturn an injunction of the state’s right-to-work law.
In 2013, Mr. Lin was appointed the Solicitor General of West Virginia. During his four-and-a-half year tenure, he served as a member of the Attorney General’s senior management team, oversaw all civil and criminal appeals, and argued nearly two dozen cases in federal and state appellate courts. He authored more than twenty-five briefs in the US Supreme Court and more than forty-five formal Opinions of the Attorney General.
Earlier in his career, Mr. Lin served as a trial attorney in the Federal Programs Branch of the US Department of Justice’s Civil Division, where he received a Special Service Award. He has also been a law clerk at all three levels of the federal judiciary: for Justice Clarence Thomas on the US Supreme Court; for Judge William H. Pryor Jr. on the US Court of Appeals for the Eleventh Circuit; and for Senior Judge Robert E. Keeton on the US District Court for the District of Massachusetts.
Mr. Lin speaks regularly on a wide variety of topics, including constitutional law, administrative law, environmental law, state and federal relations, the US Supreme Court, and appellate practice. He has testified before Congress, and has spoken at the national conventions of the American Bar Association, the Association of Corporate Counsel, the National Asian Pacific American Bar Association, the Federalist Society, Americans for Prosperity, and the American Legislative Exchange Council. He is an elected member of the American Law Institute, a public member of the Administrative Conference of the United States, and a fellow of the American Academy of Appellate Lawyers.
Mr. Lin is admitted to practice in the following federal courts: the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; the District of Massachusetts; the Northern and Southern Districts of West Virginia; and the Eastern and Western Districts of Virginia.
Chair, Issues & Appeals, Hunton Andrews Kurth LLP
The former Solicitor General of West Virginia, Mr. Lin has been on the front lines of many precedent-setting cases in appellate courts across the country, including in a US Supreme Court victory that George Will called “the court’s most severe rebuke of a president” since the Truman administration. Having argued more than 60 appeals, he brings to clients a well-honed ability to identify the most persuasive issues for appeal and a practiced understanding of how best to frame complex legal questions in appellate courts.
With experience in the private sector and multiple branches of government, Mr. Lin’s practice has spanned a wide range of issues, including major questions of constitutional and administrative law at the federal and state levels. On behalf of more than two dozen states, he won a stay from the US Supreme Court of the EPA’s Clean Power Plan. Described by the New York Times as an “unprecedented” order, the stay was the first time the Supreme Court had ever put a regulation on hold before review by a federal appeals court. In that same case, Elbert argued before the en banc DC Circuit in an historic proceeding that one commenter quoted in E&E News compared to “the NBA All-Star Game.” At the state level, Elbert led the effort that persuaded the West Virginia Supreme Court of Appeals to overturn an injunction of the state’s right-to-work law.
In 2013, Mr. Lin was appointed the Solicitor General of West Virginia. During his four-and-a-half year tenure, he served as a member of the Attorney General’s senior management team, oversaw all civil and criminal appeals, and argued nearly two dozen cases in federal and state appellate courts. He authored more than twenty-five briefs in the US Supreme Court and more than forty-five formal Opinions of the Attorney General.
Earlier in his career, Mr. Lin served as a trial attorney in the Federal Programs Branch of the US Department of Justice’s Civil Division, where he received a Special Service Award. He has also been a law clerk at all three levels of the federal judiciary: for Justice Clarence Thomas on the US Supreme Court; for Judge William H. Pryor Jr. on the US Court of Appeals for the Eleventh Circuit; and for Senior Judge Robert E. Keeton on the US District Court for the District of Massachusetts.
Mr. Lin speaks regularly on a wide variety of topics, including constitutional law, administrative law, environmental law, state and federal relations, the US Supreme Court, and appellate practice. He has testified before Congress, and has spoken at the national conventions of the American Bar Association, the Association of Corporate Counsel, the National Asian Pacific American Bar Association, the Federalist Society, Americans for Prosperity, and the American Legislative Exchange Council. He is an elected member of the American Law Institute, a public member of the Administrative Conference of the United States, and a fellow of the American Academy of Appellate Lawyers.
Mr. Lin is admitted to practice in the following federal courts: the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; the District of Massachusetts; the Northern and Southern Districts of West Virginia; and the Eastern and Western Districts of Virginia.
Justice, Texas Fourteenth District Court of Appeals
Katy Boatman was elected to the Fourteenth Court of Appeals, Place 6, in November 2024. She is board certified in civil appellate law and a member of the Texas Association of Civil Trial and Appellate Specialists.
Prior to becoming a judge, Katy practiced appellate law at a large law firm, handling a wide variety of state and federal appeals. She clerked for the Supreme Court of Texas Justice Dale Wainwright and for the United States Fifth Circuit Court of Appeals Chief Judge Jennifer Elrod. She received her bachelor's degree from Texas A&M University and her law degree from Baylor University School of Law, where she served as a senior executive editor of the Baylor Law Review and was a member of the National Order of the Barristers. Katy has been recognized as a Rising Star in appellate law, was honored as a 40 Under 40 recipient by the Houston Business Journal, and was the sole recipient of the American Bar Association's National Outstanding Young Lawyers Award, Outstanding Young Lawyer of Houston Award, and the Outstanding Young Lawyer of Texas.
Katy has been married to her husband since 2005. They have three children and are involved in several non-profit organizations.
Meet the Justices! WV Holiday Happy Hour
West Virginia Lawyer Chapter
Charleston, WV2024 Civil Justice Update
Mark A. Behrens
This paper reviews key civil justice issues and changes in 2024. Part I discusses legal reform...
From Advocate to Adjudicator: Perspectives on Becoming a Judge at Every Level of the West Virginia Judiciary
West Virginia Lawyers Chapter
Charleston, WVTopics
West Virginia Adopts Substantial Civil Rules Changes
In 2019, the West Virginia Supreme Court of Appeals established a committee to review the...
State Court Docket Watch: Yurish v. Sinclair Broadcast Group, Inc.
Stephen R. Klein
In 2001, in Bartnicki v. Vopper, the U.S. Supreme Court ruled that a third party...
State Court Docket Watch: Justice v. West Virginia AFL-CIO
Erica Peterson
In Justice v. West Virginia AFL-CIO, the West Virginia Supreme Court of Appeals, the state’s...
Topics
West Virginia Supreme Court’s Decision Upholding Constitutionality of That State’s Right to Work Law Is the Latest in an Unbroken String of Final Decisions Rejecting Such Challenges
In his May 26, 2020, posting State Court Docket Watch: Morrisey v. West Virginia AFL-CIO,...
State Court Docket Watch: Morrisey v. West Virginia AFL-CIO
Elbert Lin
Just over four years after its enactment, West Virginia’s Right to Work law (the Act)...
Views from the Bench – A Discussion with U.S. District Judge Thomas S. Kleeh and Chief Justice Elizabeth D. Walker
Charleston, WVChallenge to Sore Loser Election Law Fails
Elbert Lin, Kathryn Boatman
West Virginia State ex rel. Blankenship v. Warner After Don Blankenship lost his...