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Personal Profile

Nick DiVita has spent the past three decades fighting for his clients in the courtroom. He is an experienced, tested trial lawyer with jury and bench trial credentials in state and federal courts across the country.

Early in his career, Nick practiced in diverse areas of substantive law, including mineral title opinions for coal and gas producers and exploration companies, residential title opinions for banks, creditors’ rights and collections, bankruptcy, administrative law, banking, domestic relations, mergers and acquisitions, and securities. After five years of developing a broad exposure to these and other areas of substantive law, Nick began to focus entirely on a trial practice.

The more complex the case, the more Nick digs in. He has substantial experience in litigation involving complex damage and causation questions addressed by multiple expert witnesses and competing data analyses. In recent years, his emphasis has been in the areas of employment discrimination defense, class action defense, product liability defense, and complex business litigation.

Nick clears his head exploring the continent on his Yamaha FJR 1300 sport touring motorcycle and is a proud member of the Iron Butt Association (Member No. 48754).

PUBLICATIONS

  • Nicholas L. DiVita, John Locke’s Theory of Government and Fundamental Constitutional Rights: A Proposal for Understanding, 84 Va.L.Rev. 825 (1982) (Student Note).
  • Nicholas L. DiVita, Conflicts Between the West Virginia Landlord’s Lien and Article Nine of the Uniform Commercial Code, 86 Va. L. Rev. 417-435 (1984).
  • Nicholas L. DiVita, Strategies to Prevent Nonmutual Offensive Collateral Estoppel, Defense Research Institute Monograph pp. 33-42 (Spring 1990) (co-author).

Education

  • West Virginia University College of Law (J.D., 1982)
    • Order of the Coif
    • Patrick Duffy Koontz scholar
    • Lead Articles Editor, West Virginia Law Review (where he won its 1982 Annual Writing Award)
  • West Virginia State University (1979), summa cum laude

Court Admissions

  • U.S. District Court, Western District of Missouri
  • U.S. District Court, Eastern District of Missouri
  • U.S. District Court, District of Kansas
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Southern District of West Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Eighth Circuit

Bar Jurisdictions

  • Missouri, 1988
  • West Virginia, 1982 (inactive)