Appeals & Issues
McGuireWoods’ appeals and issues team works with all of the firm’s litigation departments. We develop individual case strategies and devise broader efforts to shape the law to benefit our clients over the long term. Our select team briefs and argues appeals every year in federal and state courts nationwide. Our clients from the largest to the smallest trust this team to attack dangerous losses, defend multimillion-dollar wins, and tackle thorny legal issues at every level of the judiciary. We aim to control the narrative: to simply and clearly explain not only why our clients are correct as a legal matter, but also why they should win.
Our Team
A hand-picked team of almost 40 attorneys who share a passion for and special focus on appeals. They combine exceptional brief-writing skills with the wisdom and voice of extensive practical experience. Team members include:
- National lead appellate counsel for a Fortune 100 company
- A former Assistant to the Solicitor General of the United States
- Two former associate White House counsel
- Nine former U.S. Supreme Court clerks for Chief Justice Roberts and Justices Alito, Gorsuch, Thomas, Ginsburg, and Scalia
- Former law clerks from numerous state and federal courts of appeal
Areas of Focus
- Issues analysis in all phases of litigation matters
- Jurisdictional issues and challenges
- Dispositive motions
- Class certification issues
- Daubert motions
- Interlocutory appeals
- Jury instructions
- Trial and post-trial motions
- Merits appeals
- Amici briefs
- Regulatory proceedings and appeals
EXPERIENCE
Recent Victories
- Allen v. Atlas Box & Crating Co., 59 F.4th 145 (4th Cir. 2023). Won a precedent-setting reversal on application of the timing requirement for a discrimination claim under Title VII.
- Garcia v. National Retailers, __ A.3d __ 2023 WL 2487248 (Pa. Sup. 2023). Won reversal requiring dismissal of a lawsuit against a dozen national retailers over sales tax collected in Pennsylvania during the pandemic.
- Johnson v. Evolent Health LLC, 2023 WL 2326676 (6th Cir. 2023). Successfully defended grant of summary judgment to client Evolent Health LLC against claims of interference and retaliation under the Family Medical Leave Act.
- Earl, et al v. The Boeing Company, et al, 53 F.4th 897 (5th Cir. 2022). Won a major victory on behalf of The Boeing Company resolving a class action involving nearly 200 million class members.
- Lutz v. Portfolio Recovery Associates, LLC, 49 F.4th 323 (3rd Cir. 2022). Won a significant appeal on behalf of debt buyer Portfolio Recovery Associates regarding a novel issue related to Pennsylvania law.
- In re Bestway Oilfield, Inc, 2022 WL 3905769 (9th Cir. 2022). Granted McGuireWoods’ petition for a writ of mandamus on behalf of client Bestway Oilfield Inc. in a multimillion-dollar breach-of-contract case against Sentry Wellhead Systems.
U.S. Supreme Court
- Google v. Gonzalez, No. 21-1333 (filed merits-stage amicus brief concerning scope of Section 230 of the Communications Decency Act).
- Andy Warhol Foundation v. Goldsmith, No. 21-869 (filed merits-stage amicus brief concerning scope of fair use under the Copyright Act).
- Thompson v. Clark, 596 U. S. ___ (2022) (briefed, argued, and won civil rights suit concerning Fourth Amendment seizure claims).
- Facebook v. Duguid, 592 U. S. ___ (2021) (briefed, argued, and won case concerning the Telephone Consumer Protection Act).
- Seila Law v. CFPB, 591 U. S. __ (2020) (briefed and won case concerning the constitutionality of tenure protection for the Director of the CFPB).
