Appeals & Issues

We lead appeals and craft legal strategy in major constitutional, statutory, administrative and commercial disputes. Clients trust us to attack dangerous losses, defend multimillion-dollar wins and tackle thorny legal issues at every level of the judiciary. In 2024 alone, the team handled over 200 appeals and appeared in the U.S. Supreme Court, every federal circuit and 21 state appellate courts.

The group works seamlessly across all of McGuireWoods’ litigation departments to build tailored legal strategies while also pursuing long-term efforts to influence and clarify the law in ways that benefit our clients. Whether we are stepping in to lead a case after judgment or partnering with a client from the outset of a dispute, our goal is simple: to control the narrative by clearly explaining why our clients are correct in arguing their cases and why they should win.

How We Help

We help clients shape outcomes in their most critical legal battles — handling appeals, motions and high-level legal strategy with a focus on clarity, credibility and long-term impact.

Our practice covers a wide spectrum of appellate and litigation-support services, including:

• issues analysis in all phases of litigation matters
• jurisdictional issues and challenges
• dispositive motions
• class certification issues
• Daubert motions
• merits appeals
• interlocutory appeals
• jury instructions
• trial and post-trial motions
• amici briefs
• Administrative Procedure Act (APA) litigation and appeals

Representative Experience

U.S. Supreme Court

• Lackey v. Stinnie, 145 S. Ct. 659 (2025). Briefed and argued appeal about the scope of attorney’s fees recoverable by prevailing parties under civil rights statutes.
• Ohio v. EPA, 144 S. Ct. 2040 (2024). Obtained an emergency stay of the U.S. Environmental Protection Agency’s (EPA) Good Neighbor Plan on behalf of utilities and trade groups challenging ozone emission regulations in 23 states.

Federal Courts of Appeals

• United States ex rel. Holt v. Medicare Medicaid Advisors, Inc, No. 23-2564 (8th Cir. 2024). Secured a major win in the dismissal of a False Claims Act suit in a precedential opinion rejecting claims of marketing-related fraud.
• Remy v. Fisher Auto Parts, 90 F.4th 217 (4th Cir. 2024). Defeated a $7 million damages claim and obtained a $2 million counterclaim judgment in a sophisticated contract and tort appeal between major auto parts companies.
• Allen v. Atlas Box & Crating Co., 59 F.4th 145 (4th Cir. 2023). Won a precedent-setting reversal on application of the timing requirement for a discrimination claim under Title VII.
• Earl, et al v. The Boeing Company, et al, 53 F.4th 897 (5th Cir. 2022). Won a major victory on behalf of The Boeing Company resolving a class action involving nearly 200 million class members.
• Lutz v. Portfolio Recovery Associates, LLC, 49 F.4th 323 (3rd Cir. 2022). Won a significant appeal on behalf of debt buyer Portfolio Recovery Associates regarding a novel issue related to Pennsylvania law.

State Supreme Courts

• Oklahoma Statewide Charter School Board v. Drummond, No. 24-394. Authored merits-stage amicus brief concerning the constitutionality of state-sponsored religious charter schools.
• Collins v. Virginia, 584 U.S. 586 (2018). Successfully obtained certiorari, briefed, argued and won appeal about the Fourth Amendment warrant requirement as applied to vehicles in the curtilage of a home.
• Garcia v. National Retailers, 331 A.3d 541 (Pa. 2025). Won reversal requiring dismissal of a lawsuit against a dozen national retailers over sales tax collected in Pennsylvania during the COVID-19 pandemic. Secured a ruling that collecting sales tax is categorically outside the scope of consumer protection law.