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 Practice Areas
Employment Litigation
Employment litigation in which Mr. Marstiller has represented plaintiffs has involved wrongful termination, employment discrimination, sexual harassment, Family Medical Leave Act violations, business torts, including defamation and the intentional infliction of emotional distress, breaches of employment contracts in competition by former employees with their former employers, and trade secret violations, including contractual non-compete violations, minimum wage and overtime violations, ERISA violations, including employee benefit claims and breach of employment fiduciary duty claims.
On behalf of plaintiffs, Mr. Marstiller has been lead counsel in employment litigation, and in doing so, has represented plaintiffs in claims arising from violations of the Fair Labor Standards Act, the National Labor Relations Act, Title VII of the Civil Rights Act of 1964 and 1991, Age Discrimination in Employment Act, Americans with Disabilities Act, Family and Medical Leave Act, Employee Retirement Income & Security Act, Virginia Human Rights Act, Virginia Wage Payment Act, Virginia Uniform Trade Secrets Act, Rehabilitation Act of 1973, Section 1983 Claims, and the Federal False Claims Act.
The firm represents various plaintiff-clients in employment litigation.
Mr. Marstiller's clientele includes business executives and laborers, law enforcement personnel, as well as ordinary citizens from all walks of life, each of whom receives the undivided attention of Mr. Marstiller and the majority of whom are involved in complex litigation which lasts many months and sometimes years.
The Marstiller Law Firm also specializes in the representation of corporate executives who have suffered an adverse employment action such as termination, in retaliation for their discovery and complaining to their corporate employers of fraud in violation of the Sarbanes-Oxley Act of 2002. These representations have been against Fortune 100 companies.
The Marstiller Law Firm is proud of its well-deserved reputation as a prominent public interest firm willing and able to fight these corporate giants for their gross betrayal of the public trust in its representation of individuals.
Federal False Claims Act Litigation
The Firm associates other firms around the country in False Claims Act litigation. Those other associated firms had governmental recoveries which were the largest in the United States in 1999, totaling $40.92 million, of which the relator's (client) share in that case totaled $9.8 million.
In the calendar year 2000, that same law firm with whom The Marstiller Law Firm regularly associates in healthcare fraud cases, recovered again for the government the largest settlement in the United States in the amount of $731.4 million.
Mr. Marstiller has also been counsel on behalf of defendants in connection with Federal False Claims Act violations involving the book publishing industry in Virginia.
On behalf of plaintiffs, Mr. Marstiller has been lead counsel in employment litigation, representing plaintiffs in claims arising from violations of the Fair Labor Standards Act, the National Labor Relations Act, Title VII of the Civil Rights Act of 1964 and 1991, Age Discrimination in Employment Act, Americans with Disabilities Act, Family and Medical Leave Act, Employee Retirement Income & Security Act, Virginia Human Rights Act, Virginia Wage Payment Act, Virginia Uniform Trade Secrets Act, Rehabilitation Act of 1973, Section 1983 Claims, and the Federal
False Claims Act.
Product Liability Litigation
The firm has been lead counsel on behalf of plaintiffs in product
liability litigation and co-counsel in multi-district litigation
originating in the United States District Courts in North Carolina
and in the Western District of Virginia, consolidated for discovery in the United States District Court for
the Northern District of California, as well as lead counsel in
numerous product liability cases in the United States District Courts
for the Eastern and Western Districts of Virginia and throughout
Virginia in various state circuit courts.
This litigation has involved
automobiles, drugs, farm machinery, city
street cleaners, and cheerleading pompom products. Mr.
Marstiller, on behalf of these product liability claimants, received
an $800,000 settlement against a pompom manufacturer in 1974.
Personal Injury/Product Liability Litigation
Mr. Marstiller, on behalf of plaintiffs, has for 36 years represented personal injury plaintiffs. Mr. Marstiller, on behalf of these personal injury plaintiffs, obtained an $800,000 verdict in the Henrico County Circuit Court in 1989. Class Action Litigation
The firm has been co-counsel in class action litigation, involving overtime violations, before the United States District Court in the Eastern District, Richmond Division on behalf of plaintiffs pursuant to the Fair Labor Standards Act. Criminal Litigation
Mr. Marstiller has also been involved in some of the more high profile criminal litigation in Virginia involving the defense of lawyers as criminal defendants, as well as the representation of defendants for the murder of Richmond City policemen. As a former Commonwealth's attorney, Mr. Marstiller also has prosecuted defendants for crimes against the citizens of Martinsville and Henry County, Virginia. During this period, Mr. Marstiller was in the Commonwealth's Attorney office in Henry County, Virginia between 1970-1972. Recount Litigation
In recount litigation in Virginia, Mr. Marstiller has represented as lead counsel, an Attorney General of Virginia against an incumbent United States Senator, as well as Sheriffs in rural counties. Construction Litigation
Mr. Marstiller was lead counsel in the largest construction case ever tried in 1987 before the Richmond Circuit Court. This litigation involved the Commonwealth of Virginia's administrative office building. Mr. Marstiller successfully represented the general contractor. A representative sampling of Mr. Marstiller's reported cases: * Padgett v. General Motors, 544 F. 2d 704 (4th Cir. 1976);
* California Retail Liquor Dealers Association v. Midcal Aluminum, 445 U.S. 997, 100 S. Ct. 937, 63 L. Ed. 2d 233 (1980);
* W.J. Rapp. Co. Inc. v. Whitlock Equipment Corp., 222 Va. 80, 279 S.E.2d 188 (1981);
* Blake Construction Co. v. Ernst and Alley, 233 Va. 31, 353 S.E.2d 724 (1987);
* United States v. Hooker, 841 F.2d 1225 (4th Cir. 1988);
* Northern Neck Electric Cooperative v. Jason Wade Atkins and Samuel Atkins, Record No. 941107 (1995) in the Supreme Court of Virginia;
* In Re: Grand Jury Subpoena Under Seal, 175 F.3d. 332 (4th Cir. 1999);
* Ronnel Gray Kitchen v. Sgt. Douglas Upshaw, et al., Record No. 99-2458 in the Fourth Circuit Court of Appeals (2000); and
* Ashland D. Fortune v. Town of Louisa, et al., Record No. 300 CV 0042 in the Fourth Circuit Court of Appeals (2001).
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