In re New York city Asbestos Litigation, 48 N.Y.S.3d 365 (N.Y. 1st App. Div. 2017). McGuireWoods secured entry of judgment notwithstanding the verdict, persuading the trial court to throw out an $11 million verdict against Ford in an asbestos mesothelioma case. In a 3-1 decision, the New York Appellate Division affirmed, holding that that the testimony of the plaintiffs’ expert witnesses on causation failed to meet the admissibility requirements for cases involving alleged exposure to toxic substances. This closely watched case involved the first application of New York’s heightened admissibility standards in an asbestos case.
Neal Blankenship and Emma Gay Blankenship v. Consolidation Coal Co. and Island Creek Coal Co. and Dianna L. Graham et al. v. Consolidation Coal Co. et al. The Fourth Circuit Court of Appeals affirmed decisions on two matters related to the disposal of excess wastewater from an underground mine. Plaintiffs asserted excess wastewater was unlawfully diverted into mine voids beneath their land, and the applicable statutes of limitations were tolled pursuant to CERCLA. The Fourth Circuit rejected the tolling argument based on a lack of a CERCLA violation and that plaintiffs knew or should have known of the violations.
Virginia Elec. & Power Co. v. Bransen Energy, Inc., 850 F.3d 645 (4th Cir. 2017). The Fourth Circuit granted McGuireWoods a complete appellate victory—affirming a combined judgment amount of approximately $23 million—in a contract dispute that involved a complex set of interrelated coal supply and services agreements related Dominion's order of 600,000 tons of a specific coal product, which the seller fulfilled with different products that were unusable for Dominion's intended purpose.
Asarco, LLC v. Noranda Mining, Inc., 844 F.3d 1201 (10th Cir. 2017). McGuireWoods obtained reversal of summary judgment in a case apportioning environmental liability under CERCLA. This major victory re-opened the door for Asarco to seek contribution in numerous other cases as well because it rejected judicial estoppel of such claims based on Asarco’s bankruptcy proceedings.
Cygnus Newport-Phase IB, LLC v. City of Portsmouth, 292 Va. 573, 790 S.E.2d 623 (2016).
The Supreme Court of Virginia ruled in favor of our client, affirming the validity of a special assessment lien against a challenge by property owners that would have had significant consequences for outstanding public bonds that special assessments were pledged to repay.
McGuireWoods Managing Partner Tracy Walker Honored Among Virginia Leaders in the Law
October 28, 2019
McGuireWoods’ Mark Anderson Appointed to North Carolina Rules Advisory Commission
October 21, 2019
McGuireWoods’ Gregory Evans Honored Among Los Angeles Business Journal’s Leaders in Law
October 11, 2019
Law360 Covers McGuireWoods’ Virginia Supreme Court Win in Auto Injury Case
September 11, 2019
2nd Circuit Suggests Precise Calculation of Damages Not Needed When Applying Contractual Damages Caps
June 24, 2019
Supreme Court Scratches “Triple Bank Shot” Attempt to Invalidate Class/Collective Action Waivers
May 22, 2018
7th Circuit Holds That Experience Limits May Violate ADEA
May 7, 2018
FINRA Enforcement: New Direction for the Regulator
April 16, 2018
9th Circuit: Employers Are Not ERISA Fiduciaries For Unpaid Multi-Employer Plan Contributions
April 2, 2018