Emily L. Lilly

Emily L. Lilly joined the firm in 2016 as a member.  Ms. Lilly’s practice is primarily focused on civil defense litigation.  She has represented many state agencies, government entities, businesses, and individuals in a variety of different types of legal matters, including civil rights, contract disputes, products liability, negligence, wrongful death, premises liability, toxic tort, mass litigation, professional liability, and insurance law.


Ms. Lilly graduated summa cum laude from West Virginia University with a Bachelor of Arts degree in philosophy with a pre-law emphasis and minor in English.  While attending the WVU College of Law, she was active in student government through her elected position on the College’s Ethics Committee.  After earning her Juris Doctor degree, Ms. Lilly spent two years as judicial law clerk to Kanawha County Circuit Court Judge Tod J. Kaufman.  Since that time, Ms. Lilly has worked in the private sector engaging in civil defense litigation.


Ms. Lilly currently resides in Charleston with her family.  In her spare time, she enjoys baking, traveling, and walking the trails of various local parks with her family.

Number of dogs in my family.
Number of years Jennifer Garner was my ballet teacher.
Number of years I dated my husband before marrying him.


Bar Admissions

  • West Virginia
  • U.S. District Court Southern District of West Virginia
  • U.S. District Court Northern District of West Virginia
  • U.S. Court of Appeals Fourth Circuit
  • United States Supreme Court of Appeals


  • J.D., West Virginia University College of Law
    • Honors: Pro Bono/Public Service Award
  • B.A., West Virginia University
    • Honors: Summa Cum Laude graduate, President’s List, Dean’s List

Honors, Awards, and Activities:

  • Elected Chairperson of the WVU College of Law Ethics Committee, 2007
  • Elected Vice President of WVU College of Law Women’s Law Caucus, 2007
  • Elected Secretary/Treasurer of WVU College of Law Women’s Law Caucus, 2006
  • Elected Member of the WVU College of Law Ethics Committee, 2006-2008
  • Member Golden Key International Honour Society, 2005-present
  • Member Phi Beta Kappa Society, 2005-present
  • Daniel Boardman Purinton Scholarship Recipient, 2004
  • John Reginald Creswell Outstanding Senior Award Recipient, 2004
  • McKay-Coast Award for Academic Excellence Recipient, 2003
  • Eberly College of Arts and Sciences Certificate of Achievement for Academic Excellence, 2003-2005

Professional Associations and Memberships: 

  • West Virginia Bar Association
  • American Bar Association
  • Defense Trial Counsel of West Virginia
  • Claims and Litigation Management Alliance
  • Defense Research Institute
  • West Virginia Women Attorneys

Published Works:

  • “No One Pays Sticker Price for Healthcare Anymore: A Multistate Analysis of Recoverable Medical Special Damages in Medical Malpractice”; MedLaw Update, Defense Research Institute, Volume 24, Issue 2, July 2019.

Representative Cases:

  • West Virginia Department of Health and Human Resources v. V.P., 241 W.Va. 478, 825 S.E.2d 806 (2019).
  • Eric F. v. Dalrymple, No. 14-1166 (W. Va. Supreme Court, January 29, 2016) (memorandum decision) (affirmed by Eric F. v. Dalrymple, 137 S. Ct. 63, 196 L. Ed. 2d 61 (2016)).
  • Grace v. Sparks, 2015 U.S. Dist. LEXIS 156323 (S. D. W. Va. 2015) (affirmed by Grace v. Sparks, 668 Fed. Appx. 499 (4th Cir. 2016)).
  • Woodruff v. Sparks, 2014 U.S. Dist. LEXIS 63489 (S. D. W. Va. 2014).
  • Kanode v. Swope, No. 12-0580 (W. Va. Supreme Court, May 3, 2013) (memorandum decision).
  • Sutton v. Brown, 2012 U.S. Dist. LEXIS 19714 (S. D. W. Va. 2012) (proposed findings of fact and recommendations adopted by Sutton v. Brown, 2012 U.S. Dist. LEXIS 19734 (S. D. W. Va. 2012)).
  • Jackson v. Nicholas County Sheriff’s Department, 2011 U.S. Dist. LEXIS 152664 (S. D. W. Va. 2011) (proposed findings of fact and recommendations adopted by Jackson v. Nicholas County Sheriff’s Department, 2012 U.S. Dist. LEXIS 11990 (S. D. W. Va. 2012)).