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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 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 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 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 argued complex cases in the U.S. Court of Appeals for the Second, Fourth and Ninth Circuits, as well as the Supreme Court of Virginia, where he has been lead counsel for clients at both the petition and merits stages. His practice also focuses on sharp and efficient legal writing. He has written dozens of briefs during his years at the firm, as well as mentored other associates on effective written advocacy. Matt created and teaches a legal writing CLE that has received excellent reviews.

He has litigated constitutional issues including preemption and separation of powers, and has particular experience in False Claims Act appeals and in appeals representing national banks. In the federal district courts, Matt has successfully handled important strategic motions such as those addressing 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 multiple times for amici at the petition and merits stages.

Matt graduated magna cum laude from the University of Virginia School of Law. At Virginia, he served as a Dillard Fellow and worked on the editorial and managing boards of the Virginia Law Review.

vCard
T: +1 804 775 4716F: +1 804 698 2251mfitzgerald@mcguirewoods.comGateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Federal Courts of Appeals and State Supreme Courts

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 A.L.C. and E.R.S.C. (Carlwig v. Carlwig), 783 F.3d 763 (9th Cir. 2015)
(briefed and argued). As appointed counsel, secured an order vacating in part the district court’s opinion as to the habitual residence of an infant under the Hague Convention on the Civil Aspects of International Child Abduction.

In re Grand Jury Subpoena (Under Seal), No. ___, (4th Cir. 2014)
(briefed, no argument) 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.

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.

U.S. Supreme Court

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.

Plumley v. Austin, 135 S.Ct. 828 (2015) (dissent from the denial of certiorari)
(briefed as amicus supporting certiorari) Represented retired federal judges urging the Court to grant certiorari of a Fourth Circuit decision expanding the presumption of judicial vindictiveness. The case was Petition of the Day on Scotusblog, November 18, 2014. The Court denied certiorari over a widely publicized dissent from Justices Thomas and Scalia, which embraced the amicus arguments. Amicus brief at 2014 WL 5077242.

Brown v. Columbia Gas Transmission Co., 14-913 (cert. denied, 2015)
(briefed at petition stage) Drafted a brief in opposition after the Court called for a response, and secured a denial of certiorari. Brief in Opposition at 2015 WL 1478008.

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, 135 S.Ct. 853 (2015)
(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.

Coleman v. Tollefson, 13-1333 (argued February 2015)
(briefed as amicus) Represented 33 professors discussing the purposes and intended and unintended effects of the Prison Litigation Reform Act. Amicus brief at 2014 WL 7205509.

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, "A Look at Decisions Impacting the Business Community," Fourth Circuit Year in Review, McGuireWoods LLP Webinar, June 18, 2015
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