Cases
Reported cases include: Anheuser-Busch Cos. v. Cantrell, 289 Va. 318 (2015)
Stultz v. Va. DMV, 2015 U.S. Dist. LEXIS 102812 (W.D.Va. 2015)
Hall v. Leisure Time Prods., 2014 U.S. Dist. LEXIS 142999 (E.D.Va. 2014)
Davis v. White, 2014 U.S. Dist. LEXIS 55838 (E.D.Va. 2014)
Dowdell v. Loves Travel Stop, 2013 U.S. Dist. LEXIS 22693 (W.D.Va. 2013)
Taylor v. Bank of Am., 2012 U.S. Dist. LEXIS 34316 (W.D.Va. 2012)
Great American Ins. Co. v. Bogley, 837 F. Supp. 2d 570 (E.D.Va. 2011)
affd, 487 Fed. Appx. 780 (4th Cir. 2012)
Villines v. Walgreen Co., 2011 U.S. Dist. LEXIS 49091 (E.D.Va. 2011)
Butler v. Marsh, 2007 U.S. Dist. LEXIS 22392 (E.D.Va. 2007)
Atlantic Machinery & Equipment v. Tigercat Industries Inc., 427 F.Supp.2d 657 (E.D.Va. 2006)
Atlantic Machinery & Equipment v. Tigercat Industries Inc., 419 F.Supp.2d 856 (E.D.Va. 2006)
Representative Matters: Professional Malpractice
Jury trial
appeal on behalf of a Virginia State Agency in a lawsuit against its independent auditor for breach of professional duties. The week long jury trial centered on the auditing firm's failure to recognize a $1M skimming embezzlement perpetrated by one of the agency's employees over a three year period despite the auditing firm's dedication of a variance in the relevant account equal to the amount of the embezzlement.
Successful mediation on behalf of a commercial manufacturer in a professional malpractice matter against a Big Four accounting firm. The accounting firm's failed to properly record
disclose a substantial deferred tax liability on real estate previously purchased by a rival manufacturing firm which was subsequently purchased by Matthew's client. The matter was resolved prior to suit.
Representation of an Am Law 50 law firm for legal malpractice claims related to the law firm's underlying defense of a ski resort in a personal injury lawsuit alleging catastrophic injuries.
Commercial Litigation
Litigation on behalf of an international manufacturer of heavy forestry equipment against a local dealer regarding termination of an exclusive distribution agreement. The case involved previously undecided issues concerning the application of the Virginia Heavy Equipment Dealer Act
its Commerce Clause implications. Atlantic Machinery & Equipment v. Tigercat Industries Inc., 427 F.Supp.2d 657 (E.D.Va. 2006).
Arbitration on behalf of an Indian software developer in arbitration conducted in the in the American Arbitration Association's International Centre for Dispute Resolution. The matter included allegations of breach both a professional services agreement
a licensing agreement, as well as a claim of violation of Virginia's Uniform Computer Information Transactions Act (UCITA).
Litigation of a breach of contract matter on behalf of a national manufacturer of liquid injection molding machines in a breach of contract matter with one of its customers concerning the functionality requirements in purchased
delivered medical component molding machine.
Insurance Coverage/Recovery
Litigation of a CGL policy dispute on behalf of an international law firm in an insurance recovery suit against its commercial liability carrier. The carrier initially denied coverage to the law firm in an underlying conspiracy
defamation lawsuit brought by a former partner of the law firm against the law firm
several of its current partners. The case involved an application of the underlying policy's definition of bodily injury
application of its professional services exclusion.
Litigation of a D&O policy dispute on behalf of a commercial manufacturer in an insurance recovery matter. The carrier initially denied coverage for an underlying employment discrimination suit brought by four former employees based on an alleged violation of the policy's notice provisions. The matter settled after the parties filed competing motions for summary judgment.
Litigation
successful summary judgment motion on behalf of an insurer of a commercial horse stable complex which collapsed following excessive snowfall. The U.S. District Court for the Eastern District of Virginia held that there was no coverage for the collapse because at least one of its causes, earth movement, triggered a policy exclusion which eviscerated coverage. Great American Ins. Co. v. Rose Marie Bogley, __ F.Supp.2d __, 2011 WL 3206840 (E.D.Va. 2011).
Products Liability/Personal Injury
Jury trial on behalf of a national transportation client in a personal injury matter in which plaintiff alleged she sustained Complex Regional Pain Syndrome (CRPS) as the result of a collision in which a tractor trailer struck her in the rear. The matter included the testimony of six medical experts
ultimately settled before the jury began deliberations.
Litigation
mediation of multiple matters of alleged Traumatic Brain Injury (TBI) as the result of motor vehicle accidents. The cases have included matters in which there was no objective evidence of brain trauma to matters in which the head trauma was clearly established by windshield indentation
periods of prolonged unconsciousness at the accident scene.
Matthew's product liability case experience includes recreational vehicles, tires, playground equipment, dog collars,
tainted food claims. He has successfully excluded experts in products liability cases on grounds that their opinions were not based on applicable st
ards or customs established either by industry or government.
