Max L. Corley III
Of Counsel
(304) 399-8839
Office: Huntington
J.D. West Virginia University
B.B.A. Marshall University (magna cum laude)
Licensure: WV
See Education


Max 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.

Work Experience

2017 Steptoe & Johnson PLLC
2007-2017 Dinsmore & Shohl LLP, Charleston, WV
1997-2007 Jenkins Fenstermaker, PLLC, Huntington, WV

Speaking Engagements

“The OSHA vs. MSHA Sibling Rivalry and its Impact on Employers: An Enforcement and Safety Law Update,” 13th Annual Southeast Mine Safety and Health Conference, Birmingham, AL, October 31, 2018

“OSHA Update 2018: Key Regulatory and Enforcement Developments,” The DTCWV Defender, Defense Trial Counsel of West Virginia, Safety & Health, Autumn Edition 2018, Volume III

“Does Company Website Comply with ADA? Inquiring Plaintiff’s Attorneys Want to Know,” West Virginia Employment Law Letter, September 2018

“Mitigating the HR Quandary Posed by Retaliation Claims,” West Virginia Employment Law Letter, March 2018

“Impact of the New Administration on the Mining Industry and Mine Safety Law Update,” Virginia Transportation Construction Alliance (VTCA) 2017 Aggregate Safety Seminar in Roanoke, VA, December 6, 2017

"Interference Violations: The Automatic First Down of MSHA Enforcement," February 14, 2017

"Protecting Your Mining Operation from 105(c) Discrimination Complaints," November 14, 2016

"A Practical Look at the Impact of MSHA’s Proposed Rule on Workplace Examinations in Metal/Nonmetal Mining Operations," June 16, 2016

“Making the MSHA Inspection Process Work For You” – National Stone, Sand & Gravel (NSSGA) 2016 Annual Meeting / AGG1 Academy, Nashville, TN, March 22, 2016

“Workplace Examinations: Solving a Riddle Wrapped in a Mystery Inside an Enigma” – Indiana Mineral Aggregates Association’s (IMAA) Winter Workshop, Indianapolis, IN, February 3, 2016

"New Civil Penalty Assessment Rule, Inspection Dos and Don’ts," Southeastern U.S. Mine Safety and Health Conference, November 4-6, 2015

"Managing the Compliance Duality of Contractor Work Place Examinations: Food for Thought for Mine Operators," November 16, 2015

The Indiana Mineral Aggregates Association’s (IMAA) Winter Workshop, Indianapolis, IN, February 4, 2015

"Temporary Economic Reinstatement Not a Preliminary Remedy in a Miner's Discrimination Case," September 12, 2014

Safety Breakfast, Kentucky Crushed Stone Association, Inc., Bowling Green, KY, July 26, 2014

"Mine Operator Strategies to Prevent or Mitigate MSHA Elevated Enforcement," April 4, 2014

"Miners’ Discrimination Complaints: What’s an Operator to Do?," March 14, 2014

“MSHA Elevated Enforcement Strategies for Mine Operators/Contractors” – Southeast Mine Safety and Health Conference, Birmingham, AL, November 5, 2013

"Mine Operator Enforcement of Company Safety Policies Held Viable Defense to Employee Disobedience or Negligence," August 15, 2013

"Defending Against MSHA Elevated Enforcement and Handling MSHA Special Investigations: A Strategic Primer for Mine Operators," National Stone, Sand & Gravel Association 2013 Annual Meeting, March 21, 2013

“MSHA Enforcement Trends for Metal/Nonmetal Mine Operators,” National Stone, Sand and Gravel Association Convention, Safety and Health Committee, Charlotte, NC, March 2012

Key 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

Memberships & Awards

West Virginia State Bar
Peer Review Rated BV by Martindale-Hubbell
Associate Editor, West Virginia Law Review 1995-1997
Marilyn E. Lugar Trial Association, 1997
Outstanding Student Award, College of Business, Accounting Department, Marshall University