NEW & NOTEWORTHY
Appellate Law Group is currently representing the appellant in a case pending in the Pennsylvania Commonwealth Court. The case is an interlocutory appeal from a decision of the Chester County Court of Common Pleas interpreting the Pennsylvania Storm Water Management Act.
On September 28, 2016, Virginia McMichael of Appellate Law Group won an appeal in the Pennsylvania Superior Court from an order of the Delaware County Court of Common Pleas awarding child support.
On April 24, 2015, Virginia McMichael was successful in representing the appellee in a criminal appeal from an interlocutory order requiring the production of mental health records. She worked closely with the client’s criminal law attorney to learn the facts, frame the issues on appeal, and brief and argue the appeal to the Superior Court.
OTHER REPRESENTATIVE MATTERS
McMichael represented the debtors, a commercial manufacturer and its subsidiaries, in three jointly-administered Chapter 11 reorganizations in the United States Bankruptcy Court for the Eastern District of Pennsylvania.
McMichael was part of a team that represented the Secured Noteholders in the Chapter 11 bankruptcy of Grant Broadcasting, Inc. and on appeal to the United States District Court.
McMichael was the principal drafter of a Petition for Writ of Certiorari to the United States Supreme Court in a bankruptcy case involving a preference action.
McMichael was part of a team that represented SEPTA in a Section 1983 case brought by an employee challenging SEPTA’s random drug testing program. She was the principal drafter of the post-trial motions and the appellate briefs in the Third Circuit Court of Appeals, which resulted in a reversal of the adverse judgment against SEPTA and the award of a new trial.
McMichael represented a California-based company in a dispute arising out of a supply contract. She was successful in obtaining summary judgment in favor of the company on the issue of personal jurisdiction. McMichael represented the client on appeal to the Third Circuit Court of Appeals, which affirmed the trial court.
McMichael represented the plaintiffs/appellees on an appeal to the Pennsylvania Superior Court in a contract dispute involving the application of an arbitration clause in a consumer services contract.
McMichael was lead trial counsel representing the State of Georgia in a federal court case concerning the Georgia Higher Education Assistance Corporation’s guaranteed student loan program.
McMichael was successful in obtaining summary judgment in favor of a subcontractor in a contract dispute in federal court arising out of a state-sponsored highway construction project.
McMichael was second-chair trial counsel representing the plaintiff corporation in a case in the Eastern District of Pennsylvania seeking to enjoin a corporate acquisition.
As lead attorney at Appellate Law Group, McMichael successfully represented the criminal defendant/appellee in an appeal to the Pennsylvania Superior Court from an interlocutory order of the trial court requiring the production of mental health records.
McMichael was part of a team that represented a large defense contractor in a criminal action in federal court concerning overbilling in federal contracts. The case resulted in a $15 million dollar settlement with the government, which at that time was the largest settlement ever of a defense contract fraud case.
McMichael successfully opposed a petition for habeas corpus filed by a defendant sanctioned for criminal contempt for absconding with the funds of an incapacitated person.
Federal Civil Procedure
McMichael was the principal drafter of a Petition for Writ of Certiorari to the United States Supreme Court in a case involving the application of the two dismissal exception of Federal Rule of Civil Procedure 41.
McMichael represented the Republic of Uruguay in the Southern District of New York and the Second Circuit Court of Appeals. McMichael was the principal drafter of the post-trial motions and appellate briefs and was successful in staying execution on a $200 million judgment against Uruguay. McMichael is fluent in Spanish and conducted meetings with the client in Spanish.
McMichael was lead trial counsel for the plaintiff in an action for breach of an employment contract that she tried before a jury in federal court.
McMichael represented the appellant physician on an appeal to the Pennsylvania Superior Court in a medical malpractice action. The case involved the filing of multiple appellate briefs in the Pennsylvania Superior Court and the Pennsylvania Supreme Court.
McMichael represented the appellant in an appeal following the trial of a products liability case against an airplane manufacturer.
McMichael represented the appellee, the owner of a hotel chain, in an appeal to the Eleventh Circuit Court of Appeals following a jury trial in Florida.
McMichael represented a commercial landlord in an appeal to the Pennsylvania Superior Court following the grant of summary judgment in a lease dispute over the exclusivity provision in a commercial real estate lease.
McMichael was lead trial counsel representing the defendant in an adversary proceeding in the United States Bankruptcy Court and on appeal to the District Court arising out of the lease of space at a convention center.
McMichael was part of a team that represented a hotel chain in a contract dispute over its management of a luxury hotel Philadelphia.
McMichael was part of a team representing a broker/dealer in a civil action in federal court arising out of a federal criminal action for securities law violations.
McMichael represented a chain of department stores in a series of tax assessment appeals throughout the Commonwealth of Pennsylvania.
Trusts and Estates
McMichael represented a trust beneficiary in a dispute with a privately-held insurance company. She was the principal drafter of briefs in the Orphans Court and the Pennsylvania Superior Court and was successful on a motion to quash an appeal to the Superior Court.
McMichael represented the court-appointed guardian of an incapacitated person in various appeals to the Pennsylvania Superior Court from decisions in the Orphans Court Division of the Montgomery County Court of Common Pleas.