Mr. Marstiller has practiced law for almost 45 years, and in doing so, has appeared as lead counsel before the U.S. Supreme Court, the Fourth Circuit Court of Appeals and in every division of the U.S. District Courts sitting in Virginia, as well as throughout Virginia in various state circuit courts.
As a result of The Marstiller Law Firm’s association with other law firms throughout the United States, particularly in cases pursuant to the False Claims Act, we have relationships with the Department of Justice attorneys in Washington, DC, Philadelphia, and Boston, among other offices, as well as with various State Attorney General’s offices, where False Claims Act statutes have been enacted, such as in the Commonwealth of Virginia.
Employment litigation in which Mr. Marstiller has represented plaintiffs has involved wrongful termination, employment discrimination, sexual harassment, 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 founders and CEO’s of Fortune 500 companies business executives, laborers, law enforcement personnel, and 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.
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.
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.
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.
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.
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.