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Matthew A. Fitzgerald

Associate

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Practices
Education
  • University of Virginia School of Law, JD, Order of the Coif, Managing Board, Virginia Law Review, 2008
  • Dartmouth College, AB, Government, magna cum laude, Phi Beta Kappa, 2004
Admissions
  • Virginia
  • District of Columbia
  • U.S. Supreme Court
  • U.S. Court of Appeals for the 2nd Circuit
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Court of Appeals for the 7th Circuit
  • U.S. Court of Appeals for the 9th Circuit
  • U.S. Court of Appeals for the 11th Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
Affiliations
Member, Appellate Section, Virginia Bar Association

Matt's practice focuses on handling appellate matters, constitutional issues, and major motions. Matt previously served as a law clerk to Justice Clarence Thomas of the Supreme Court of the United States and Chief Judge Edward E. Carnes of the U.S. Court of Appeals for the Eleventh Circuit in Montgomery, Alabama.  He is a member of the firm's Recruiting Committee. 

Matt has briefed complex, high-dollar cases in the U.S. Court of Appeals for the 2nd Circuit, U.S. Court of Appeals for the 4th Circuit, and U.S. Court of Appeals for the 7th Circuit, as well as the Supreme Court of Virginia, where he has been lead counsel for clients at both the petition and merits stages.  He has litigated constitutional issues including preemption, separation of powers, defamation under the First Amendment, and double jeopardy.  In the federal district courts, Matt is experienced in successfully handling important strategic motions such as class certification, as well as emergency motions.  He also advises clients about seeking or opposing certiorari in the Supreme Court of the United States, and has been counsel of record for amici.

Matt graduated magna cum laude from the University of Virginia School of Law, where he served both as a Dillard Fellow and an essays editor on the managing board of the Virginia Law Review.

vCard
T: +1 804 775 4716F: +1 804 698 2251mfitzgerald@mcguirewoods.comOne James Center
901 East Cary Street
Richmond, VA 23219-4030

United States ex rel. Ahumada v. NISH, et al., 756 F.3d 268 (4th Cir. 2014)
(briefed and argued) The Fourth Circuit affirmed dismissal of a False Claims Act case against our client and others based on the public disclosure bar and pleading rules.

Dunlap v. Cottman Transmission Systems, Inc. , 287 Va. 207 (2014)
(briefed and argued) The Supreme Court of Virginia answered two certified questions about Virginia’s business tort conspiracy statute wholly in our client’s favor.

In re Grand Jury Subpoena (Under Seal) , No. ___, (Cir. 2014)
(briefed) In an expedited appeal of a case largely under seal, after full briefing the federal court of appeals preserved our client’s privacy interest by accepting our contention that appellate jurisdiction was lacking.

Cruz v. T.D. Bank, N.A. , 742 F.3d 520 (2d Cir. 2013) and Cruz v. T.D. Bank, N.A., 22 N.Y.3d 61 (N.Y. 2013)
(briefed) The New York Court of Appeals ruled, on certified question, in our client’s favor that New York law governing freezing debtors’ bank accounts carried no implied private right of action against banks.

Missouri ex rel. KCP&L v. Missouri Pub. Serv. Comm’n , 13-787 (U.S., cert. denied, 2014)
(briefed at petition stage) Secured a call for the views of the Solicitor General (CVSG) on a certiorari petition from a decision of the intermediate Missouri appellate court. Petition of the Day on Scotusblog. Petition: 2013 WL 690477.

Board of Supervisors of Fluvanna County v. Davenport & Co., LLC , 285 Va. 580 (2013)
(briefed) The Supreme Court of Virginia ruled on a constitutional issue of first impression regarding the nature of immunity for members of local government bodies.

Wolf v. Fed. Nat’l Mortg. Ass’n , 512 Fed. Appx. 336 (4th Cir. 2013)
(briefed) The Fourth Circuit affirmed the dismissal of a TILA claim brought against our client.

Burwell et al. v. Hobby Lobby Stores, Inc. 134 S.Ct. 2751 (2014)
(briefed as amicus) Represented 15 members of the U.S. Congress in an amicus brief describing the purpose of the Religious Freedom Restoration Act of 1993 and urging that the contraceptives mandate violated the “super-statute” RFRA. The Supreme Court struck down the contraceptives mandate. Amicus brief at 2014 WL 333886.

McCullen v. Coakley , 134 S.Ct. 2518 (2014)
(briefed as amicus) Represented 7 distinguished law professors addressing the freedom of speech in the abortion context, contending that the Massachusetts buffer zone violated the First Amendment. The Supreme Court found the law unconstitutional. Amicus brief at 2013 WL 5274831.

Holt v. Hobbs , 13-6827 (expected argument, fall 2014)
(briefed as amicus) Represented 5 reformed prisoners informing the Court of the beneficial impact of religious freedom and practice in prison. Amicus brief at 2014 WL 2506631.

Co-author, "Great Cases, Hard Cases, and the Judicial Role: Chief Justice Roberts’ Penalty-as-a-Tax Holding," AHLA Practice Group Email Alert, July 6, 2012
Author, Seizing Weapons of Mass Destruction from Foreign-Flagged Ships on the High Seas under Article 51 of the U.N. Charter, 49 Va. J. Int’l L. 473, 2008
Panelist, "Panel Discussion of Recent and Upcoming Decisions Impacting the Business Community," U.S. Supreme Court Review and Preview, McGuireWoods LLP Complimentary Webinar and Live Presentation, October 2, 2014
Panelist, "A Look at Decisions Impacting the Business Community," Fourth Circuit Year in Review, McGuireWoods LLP Complimentary Webinar and Live Presentation, May 15, 2014
Panelist, U.S. Supreme Court Review and Preview, Panel Review of the 2012-13 U.S. Supreme Court Term and Preview of the Upcoming 2013-14 Term with Particular Emphasis on Decisions that Impact the Business Community, September 5, 2013