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E. Duncan Getchell Jr.

Partner

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Practices
Admissions
  • Virginia
  • U.S. Court of Appeals for the 2nd Circuit
  • U.S. Court of Appeals for the 3rd Circuit
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Court of Appeals for the 5th Circuit
  • U.S. Court of Appeals for the 6th Circuit
  • U.S. Court of Appeals for the 7th Circuit
  • U.S. Court of Appeals for the 8th Circuit
  • U.S. Court of Appeals for the 9th Circuit
  • U.S. Court of Appeals for the 10th 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 Michigan
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Supreme Court
  • Supreme Court of Virginia
Affiliations

Elected Member, American Law Institute

Fellow, American Academy of Appellate Lawyers

Member, Virginia State Bar Association

Member, City of Richmond Bar Association

Member, Federalist Society

Permanent Member, 4th Circuit Judicial Conference

Duncan recently returned to McGuireWoods after serving as solicitor general of Virginia from 2010-2013. His experience includes appellate, constitutional, administrative, environmental, class action, lender liability, consumer credit, complex bankruptcy, and injunction cases. He has argued appeals before the U.S. Supreme Court, the 4th Circuit en banc panels of federal courts of appeal and various state appellate courts. In addition, Duncan has participated in more than 200 appeals, including more than 90 merits arguments. His experience also includes railroad crossing, turbine generator, automotive and tire litigation.

Duncan has litigated election and voting rights cases, and advises on FEC compliance issues. He has taught legislative redistricting at the William and Mary School of Law. On September 6, 2007, he was nominated to the U.S. Court of Appeals for the 4th Circuit by President George W. Bush. Prior to his nomination, he received the highest “well-qualified” rating from the Virginia State Bar.

Duncan’s appellate cases include upholding the constitutionality of Virginia’s Freedom of Information Act restriction denying nonresidents access to public records sought under FOIA (McBurney), Virginia’s redistricting (Wilkins); upholding the constitutionality of the Virginia medical malpractice cap (Pulliam); having Virginia consumer finance laws declared unconstitutional (NHEMA); having punitive damages declared unconstitutional as applied (Hugo’s); obtaining dismissal of a case in the U.S. Supreme Court through a suggestion of lack of jurisdiction contained in an amicus brief (Sylvester); and obtaining a writ of prohibition against a trial court’s exercise of jurisdiction (In re City of Richmond). Duncan has also argued numerous products liability cases including one involving the meaning of Virginia’s seat belt statute (Brown).

vCard
T: +1 804 775 4388F: +1 804 698 2252dgetchell@mcguirewoods.comOne James Center
901 East Cary Street
Richmond, VA 23219-4030

Invited Participant 2005 National Conference on Appellate Justice

Air Force Honors Program – Capt. USAF detached to the Office of the General Counsel Secretary of the Air Force

Co-author, "Judicial Compulsion And The Public Fisc – A Historical Overview," Harv. J.L. & Pub. Pol’y, 2012
Co-author, "State Sovereign Standing: Often Overlooked, But Not Forgotten," 64 Stan. L. Rev. 89, 2012
Co-author, Book: Chapter 5, The Insider’s Guide to the United States Court of Appeals for the Fourth Circuit, Appellate Practice Compendium, Vol. I 83-102, Dana Livingston, ED
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
Speaker, "The Affordable Care Act: Constitutional Challenges and Practical Impact," Healthcare Litigation Conference, McGuireWoods LLP, May 29, 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, "Recent Trends and Key Issues in Connection with Managed Care," Healthcare Litigation Conference, McGuireWoods LLP, April 8, 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
Speaker, "A Nation Divided: The Second Amendment After Newtown," National Constitution Center, March 6, 2013
Speaker, "Fourth Amendment in the Modern Age: Dog Sniffs, Stop & Frisks," American University’s Washington College of Law, February 25, 2013
Speaker, "Up in the Air: GHG Rule Litigation and Regulatory Enforcement," 12th Annual Environmental and Energy Symposium, March 29, 2012
Speaker, "EPA Greenhouse Gases Endangerment Finding Appeal," Cato Institute, March 1, 2012
Speaker, "Is The Patient Protection And Affordable Care Act Constitutional," NYU Law School, February 17, 2012
Speaker, "Healthcare Litigation: U.S. States v. U.S. Government," The Brooks Family Lection Series, February 14, 2012
Speaker, "Everything But the Merits: Analyzing the Procedural Aspects of the Healthcare Litigation," University of Richmond Law School, November 11, 2011
Speaker, "PPACA: Is it Constitutional?," American Benefits Council Policy Board of Directors Meeting, October 6, 2011
Speaker, "Health Care Reform: Virginia v. Sebelius, & The Patient Protection and Affordable Care Act (PPACA)," Washington and Lee Law School Federalist Society, October 6, 2011