Gary is the head of the firm's litigation practice. He focuses on complex litigation matters, with an emphasis on municipal, commercial and environmental litigation. Gary has represented clients throughout the country, and has litigated at the trial level in California, the District of Columbia, Florida, Georgia, Illinois, Kentucky, Maryland, New Jersey, New York, North Carolina, Tennessee, Texas and Virginia. Gary has served as lead counsel on complex commercial matters for municipalities throughout Virginia including the Cities of Norfolk and Virginia Beach. He has handled mass tort litigation, including class action and MDL matters. Gary routinely monitors high-risk trials as appellate counsel on behalf of catastrophic loss insurers. In addition, he has handled numerous appeals to the Virginia Supreme Court and Maryland Court of Appeals, as well as appeals to the Third, Fourth, Fifth, Sixth and Eleventh Circuit Courts of Appeals.
Gary is an Adjunct Professor of Law at Regent University, where he currently teaches Environmental Law and is an Adjunct Professor at Virginia Beach Theological Seminary where he conducts a seminar on law, religion and the church.
Practice Areas
Experience
- Represents municipalities in complex commercial litigation, and in matters involving municipal liability generally, construction contract disputes, land use and environmental law.
- Represents various entities in complex commercial disputes, including contract litigation as well as litigation arising out of the acquisition and development of real property.
- Represents corporate entities in cost recovery actions, including claims resulting from the accidental releases of hazardous material and contamination arising out of the operation of industrial facilities. Such cost recovery actions involve not only claims arising under CERCLA, but also State law claims, including nuisance and trespass claims as well as claims based on various state statutes.
- Represents individuals and entities in matters involving the contamination of property, including soil and structures, and the contamination of ground, surface and processed water.
- Represents transportation companies, including railroads, in matters arising out of the transport of hazardous materials, and has litigated liability for the improper manufacture, packaging, and loading of hazardous materials, liability for failing to maintain or inspect equipment used to transport hazardous materials, responsibility for documentation of hazardous materials and the cause or causes for the release of hazardous materials during transport.
- Represents transportation companies, including railroads, in matters involving preemption under the Interstate Commerce Commission Termination Act, the Federal Rail Safety Act and the Hazardous Materials Transportation Act.
- Represents entities and individuals in litigation involving alleged fraud, breach of fiduciary duties, business conspiracies and other commercial torts.
Presentations
- Conflicts for Municipal Lawyers, VADA Annual Meeting, October 2021
- Rule 68 Offer of Judgments, Spring 2017 NPBA CLE Presentation
- Dealing with the Aberrant Jury Outcome, VSB Mid-Year Legal Seminar in Paris, France, November, 2013
- Litigation Experts: How to Pick Them, How to Prep Them, How to Preserve Them and How to Present Them, VSB Litigation Section Annual Meeting Presentation 2011
- PRPs: Still Bad, But Getting Better, August 26, 2010, Presentation to Chartis, High Profile Unit, Pollution Insurance Products Group
- CERCLA: The Basics, April 23, 2010, Presentation to Chartis, Pollution Insurance Products Group
- Appellate Practice in Virginia, February 19, 2010, Presentation to Chartis, Excess Claims Group
- Faith and the Law: The Intersection of Religious Life and Legal Practice, 2009 NPBA Bench Bar Conference
- Business Torts in Virginia, Fall 2007 NPBA CLE Presentation
- Discovery and Disclosure Obligations for Experts, February 2006 NARTC Presentation
- Environmental Cost Recovery Litigation in Virginia, Spring 2004 NBI Presentation
Published Decisions
- Mid-Atlantic Arena v. City of Virginia Beach, 2020 WL 2780000 (Va. May 28, 2020).
- Norfolk Southern Railway Company - Petition for Expedited Declaratory Order, STB Finance Docket No. 35949 (February 25, 2016)
- Joseph Antonio v. SSA Security, Inc., 749 F.3d 227 (4th Cir. 2014);
- Joseph Antonio v. SSA Security, Inc., ___A.3d___, 2015 WL 859831 (Md. Mar. 2, 2015)
- In re: LandAmerica Financial Group, Inc., 470 B.R. 759 (2012) (representing Jeffrey Selby)
- Norfolk Southern Railway Company - Petition for Declaratory Order, STB Finance Docket No. 35701 (Dec. 12, 2012).
- Norfolk Southern Railway Co. v. City of Alexandria, 608 F.3d 150 (4th Cir. 2010).
- The City of Alexandria, Virginia - Petition for Declaratory Order, STB Finance Docket No. 35157 (Feb. 17, 2009).
- Jackson v. Hartig, 274 Va. 219, 645 S.E.2d 303 (2007).
- John C. Holland Enterprises v. Southeastern Public Service Authority of Virginia, 273 Va. 716, 643 S.E.2d 187 (2007).
- Ran Nizan v. Wells Fargo Bank Minnesota National Association, F/K/A Norwest Bank Minnesota National Association, Trustee, Etc., Virginia Supreme Court, Record No. 061577 (September 14, 2007).
- Mest, et al. v. Cabot Corp., 449 F.3d 502 (3d Cir. 2006).
- Norfolk Southern Corp. v. Chevron, U.S.A., Inc., 371 F.3d 1285 (11th Cir. 2004).
- Princess Cruises, Inv. v. General Electric Co., 143 F.3d 328 (4th Cir. 1998).
- R. K. Chevrolet, Inc. v. Hayden, 253 Va. 50, 48 S.E.2d 427 (1997).
- Gasner v. Board of Sup'rs of County of Dinwiddie, Va., 103 F.3d 351 (4th Cir. 1996).
- Stephen Jay Photography , Ltd. v. Olin Mills, 903 F.2d 988 (4th Cir. 1990).