E. Duncan Getchell Jr.


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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).

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

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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
Speaker, "The Affordable Care Act: Constitutional Challenges and Practical Impact," Healthcare Litigation Conference, McGuireWoods LLP, May 29, 2014
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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
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