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Experience

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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Japanese trading company

Representation of Japanese trading company in connection with the refinancing of its loans to the Nigerian state petroleum company.
Representative Matter

Diversified energy producer

Representation of a diversified energy producer in a 14-count case pending in Greene County, Pa., which includes claims that the seminal (CBM) Hoge case should be overturned. It includes a horizontal trespass claim based on allegations that CBM outside the main bench of the Pittsburgh seam is not part of the Pittsburgh seam and a quiet title claim related to a boundary dispute. Partial summary judgment was granted upholding the CBM Hoge decision.
Representative Matter

Global science company

Representation of a global science company in defense of an environmental civil suit brought by the Sierra Club and NRDC relating to historic mercury deposits in the South River in Virginia. Attained a unique settlement involving a six year study of the mercury issues.
Representative Matter

Large energy producer

Representing a large coal-fired power plant in the defense of a class action claim by 1500 surrounding residents for particulate emission involving first-impression issues of preemption of state nuisance law.
Representative Matter

One of the largest producers and transporters of energy in the United States

Representation of multiple defendants including one of the largest producers and transporters of energy in the United States in a high-profile nuisance suit in federal district court in Mississippi asserting that the defendants’ air emissions are contributing to global warming.
Representative Matter

Real estate company

Advised client on multiple dry cleaning release sites in Maryland voluntary cleanup program and controlled hazardous substances program.
Representative Matter

World-class academic and health care system

Represent world-class academic and health care system in multi-plaintiff litigation arising from allegations that falsified genomic research was allowed to proceed to clinical trials with the enrollment and treatment of cancer patients.
Representative Matter

Health system

Representation of a health system against the appeal of a long term employee to the NY State Appellate Division 3rd Department concerning the denial of unemployment benefits. Favorable settlement.
Case Study

McGuireWoods insurance lawyers help overturn ‘pro-insurer’ 5th U.S. Circuit Decision

Austin lawyers Mark Lawless and Pam Hopper recently co-authored an amicus curiae brief filed in an important insurance case pending in the 5th U.S. Circuit Court of Appeals. On June 15, 2012, the 5th Circuit issued a pro-insurer decision in Ewing Construction Co., Inc. v. Amerisure Ins. Co., No. 11-40512, holding that the contractual liability exclusion in a construction contractor's CGL policy eliminates the insurer's duty to defend if the contractor assumes liabilities in a construction contract – in this case, liabilities for alleged faulty construction of tennis courts.
Case Study

Victory in 4th Circuit for pro bono client Homeward

The 4th U.S. Circuit Court of Appeals has upheld the dismissal of a case brought against firm pro bono client Homeward, a nonprofit planning and coordinating organization for homeless services in the greater Richmond area. In its suit, ASWAN, an unincorporated association made up of homeless and formerly homeless people, alleged that Homeward and its co-defendants established a homeless services center in a location that was removed from the downtown area of Richmond, thus violating 42 U.S.C. §§ 1983 and 1985(3), the Americans with Disabilities Act, the Equal Protection Clause of the Fourteenth Amendment and the Fair Housing Act. The district court dismissed all of the plaintiff’s claims.
Case Study

Finkl team wins ERISA anti-cutback case in 7th Circuit

McGuireWoods represented the pension plan of A. Finkl & Sons Company in the U.S. Court of Appeals for the 7th Circuit in a lawsuit claiming that the pension plan had violated ERISA's anti-cutback rule and the terms of the pension plan. The plaintiffs claimed that Finkl had an obligation to terminate the pension plan and provide annuities to the plaintiffs while the plaintiffs were still working for the company. The Court of Appeals, affirming the U.S. District Court for the Northern District of Illinois, found that Finkl had no obligation to terminate the pension plan and that the plaintiffs' ERISA rights were not violated.

Case Study

Boeing victory in SOX whistleblower case

The Ninth Circuit Court of Appeals held that the whistleblower provisions in Section 806 of the Sarbanes-Oxley Act of 2002 (SOX) do not protect employee leaks to the media. Rather, the statute’s plain language protects only disclosures made to federal regulatory and law enforcement agencies, Congress and employee supervisors.
Case Study

Houston office receives favorable ruling from 5th Circuit clearing BP Traders of propane antitrust plot

McGuireWoods recently received a favorable ruling from the 5th Circuit affirming the dismissal of a criminal case accusing four ex-BP Products North America Inc. commodities traders of conspiring to manipulate the U.S. propane market. This case was only the second attempted criminal prosecution for manipulation in the long history of the Commodities Exchange Act.

Case Study

Complete victory for Siemens Medical Solutions

McGuireWoods partner Dana Rust and associate Bobby Holland convinced the 6th Circuit Court of Appeals to affirm the dismissal of a $1.77 million claim against Siemens Medical Solutions, manufacturer and marketer of a wide range of medical equipment, including MRI systems, radiation therapy equipment, and patient monitoring systems.

Case Study

McGuireWoods wins at U.S. Court of Appeals for nation's third largest drug store chain

McGuireWoods won before the U.S. Court of Appeals for the 11th Circuit in favor of Rite Aid, the nation's No. 3 drugstore chain. A former Rite Aid employee filed a lawsuit alleging race discrimination, defamation and battery. The employee filed the first action in state court, but Rite Aid removed to federal court. In the first action, the court granted summary judgment with regard to federal claims, and adopting the magistrate's report and recommendation, declined to exercise jurisdiction over state law claims—dismissing state law claims without prejudice.
Representative Matter

Public company

Representation of public company in the divestiture and acquisition of multiple television stations to satisfy FCC requirements in connection with a merger with another television broadcasting company.
Representative Matter

Building products distributor

Successfully mediated catastrophic injury case where the plaintiff lost her nose, all of her teeth and her vision following nasal cancer allegedly as a result of her exposure to our client’s wood dust.
Representative Matter

Port terminal operator

McGuireWoods persuaded the U.S. Court of Appeals for the 5th Circuit to affirm a grant of summary judgment previously obtained by the firm on behalf of APM Terminals in an Age Discrimination in Employment Act (ADEA) lawsuit.
Representative Matter

Fortune 500 wireless carrier

Defense of patent litigation suit against non-practicing entity based on three internet help request patents.
Representative Matter

Canadian-based company

Assisted a Canadian-based company to register its establishment with FDA and evaluate FDA’s mobile medical application guidances for classification of its activity monitor device adapted for rehabilitative use, which incorporated smartphone application connectivity and monitoring.
Results 1-20 of 2725