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MBBTK Law Logo
McGavin, Boyce, Bardot, Thorsen, & Katz, PC Tel: 703.385.1000
Fax: 703.385.1555
9990 Fairfax Boulevard, Suite 400
Fairfax, Virginia 22030

Practice Areas

Our record of success has gained us recognition as one of the top civil defense and insurance law firms in Virginia, D.C. and Maryland.  We have a wide array of clients, ranging from individuals, large national companies to local municipalities. Our areas of practice include state and federal court litigation, insurance defense and coverage, workers’ compensation, local government and municipality, nursing home malpractice, employment, construction, and intentional and catastrophe claims. Our practice areas also include traffic/DUI claims. The firm litigates cases at all trial levels and before state and federal appellate courts throughout Virginia, District of Columbia, and Maryland.

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An appeal is a proceeding in which a higher court reviews the actions taken by a trial court. Appeals are generally limited to a review of the record from the lower court, unless it is an appeal from a Virginia general district court to Virginia circuit court, in which case it is de novo (a new trial). The appellate court determines whether there were any errors of law sufficient to prevent a party from having a fair trial or whether there was sufficient evidence to support the lower court’s ruling. Issues not raised at trial cannot be raised on appeal. As a litigation firm, the attorneys at MBBTK have experience in handling all aspects of an appeal in both state and federal courts in Virginia, District of Columbia, and Maryland.

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Automobile Accident Defense

The attorneys of MBBTK have vast experience defending clients with complex and catastrophic personal injury and wrongful death claims as they pertain to individuals, corporations, insurance companies, rental companies and self-insured companies. Our attorneys have handled a varying complexity of cases involving minor injuries to multiple fatalities.

The attorneys of MBBTK use their extensive experience in providing an in-depth case evaluation for each case, and, if warranted, they will assemble a team of accident investigators, engineers, and medical experts to fully evaluate the nature and extent of a plaintiff’s claimed injuries.

Our attorneys will assess the viability of an early resolution for your case; however, we realize that an amicable settlement is not feasible in every case. We will be thoroughly prepared to defend your case if a resolution is not possible, utilizing our trial experience in the state and federal courts of the Virginia, D.C., and Maryland to protect your interests and mitigate potential damages assessed against you or your insured.

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Catastrophic Accidents

The attorneys of MBBTK have experience defending catastrophic accidents, ranging from brain injury to death. These cases involve significant claims of damages and may involve multiple experts in the fields of engineering, medicine, economics, vocational rehabilitation, etc.

We have expertise in identifying the relevant issues and retaining the experts to properly defend a case which may have significant value.

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Construction Litigation

The attorneys of MBBTK have experience in representing owners, general contractors, subcontractors, and material suppliers that have been sued as a result of disputes involving construction accidents and construction defects. Our firm focuses on providing effective legal advice and representation in the resolution of construction disputes. MBBTK has represented clients in a wide array of personal injury and property damage claims involving allegations of defective design and construction, structural failures, and/or defective materials or equipment.

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Employment Law

The attorneys of MBBTK have experience in the multiple aspects of employment law litigation, including advice in planning and assistance to employers on employment related issues, defense of administrative proceedings, defense of federal and state law claims, mediation, and arbitration. Our clients include local government entities, corporations, partnerships, self-insured entities, and insurance companies.

We have significant experience assisting clients with planning and prevention of employment claims; participation in administrative proceedings; and litigation in both state and federal courts on a variety of employment related issues. These include claims and litigation involving the American with Disabilities Act; discrimination and sexual harassment; employment termination or discharge suits; employment contract claims and disputes; employment related torts such as negligent hiring; supervision and retention; insurance coverage issues relating to employment lawsuits; Family and Medical Leave Act; grievances; non-competition agreements; work place safety and health issues; unemployment compensation; OSHA; workers compensation; and wage and hour compliance.

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Environmental and Toxic Torts

The attorneys of MBBTK represent landlords, property owners, contractors and subcontractors in cases involving claims for personal injury and property damage from environmental and alleged toxic exposures to mold, wet building syndrome or pollutants. Such representation involves extensive interaction with engineers, architects, construction, and environmental professionals with regard to the standard of care, remediation, and in defense of claims of adverse health effects related to such exposures. This experience and interaction with experts in the field enable the firm to identify the issues and expert needs early on so to best address the allegations, develop the defense, and identify weaknesses in the claims made.

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Government and Municipal Law

The attorneys of MBBTK represent a number of local government entities, both insured and self-insured, in administrative proceedings and litigation involving governmental and municipal law. These include defense of the entity and its employees which involve proceedings or litigation against police officers, teachers, school systems or other agencies, and fire and rescue personnel. The representation of local governmental agencies involves defense of the clients in both administrative proceedings before federal and state agencies, including constitutional claims, employee and third party claims and litigation in the federal and state courts. The attorneys of MBBTK have experience defending city and town governments and employees, school boards and employees, counties and employees, with regard to employment litigation, challenges to legislative authority, constitutionality or legality of ordinances, due process claims, challenges to administrative decisions, among others.

We have also represented a number of volunteer fire and rescue companies on a variety of issues including questions related to their contract with the local government entity, employment issues, and third party claims arising out of the services provided. Among the significant cases listed on this website is the case of National Railroad Passenger Corporation v. Catlett, 241 Va. 402 (1991), in which the Supreme Court of Virginia held that a volunteer fire fighting company had sovereign immunity for claims arising out of a train accident. This ruling was later affirmed and codified by the legislature.

Our firm is a member of the Local Government Attorneys of Virginia, Inc. and we have access to a wide variety of resources to assist in the representation of our clients’ interests. Please contact Heather K. Bardot, Esquire, who leads the government and municipal practice group for more information. (703) 385-1000.

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Insurance Coverage / Fraud / Arson

For more than 30 years, we have provided the highest quality of representation to clients in the insurance industry. This includes being involved in some of the leading coverage cases in state and federal courts, as well as cases involving insurance fraud and arson. Our attorneys are regular speakers at Continuing Legal Education courses on insurance issues and have authored and co-authored articles and chapters on insurance coverage in legal publications.

We are listed in A.M.’s Best Directory of Recommended Insurance Attorneys. We are active in Defense Research Institute (“DRI”), Virginia Association of Defense Attorneys (“VADA”), and the D.C. Defense Lawyers Association. Members have also held and/or hold active leadership roles in these organizations and stay abreast of all current developments in the law.

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Intentional Torts

The attorneys of MBBTK appear in both the federal and state courts of Virginia, D.C. and Maryland, defending parties against the claims of defamation, malicious prosecution, false arrest, and abuse of process. Our attorneys are experienced in handling these intentional torts, and we realize these claims have serious implications and are often sensitive in nature.

As a threshold matter, we will assess whether the underlying  proceedings and/or incidents rise to the level of these intentional torts, evaluating viable affirmative defenses, such as probable cause. MBBTK’s extensive trial experience and litigation of these intentional tort claims give it an edge to combat such claims and to attack both compensatory and punitive damages.

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Long Term Care Litigation

Over the past 15 years, this firm has been the primary counsel to one of the nation’s largest assisted living facilities. In addition, other assisted living and nursing home providers have retained the firm for defense of claims. John McGavin leads the long term practice group. These attorneys have defended a wide variety of cases including wrongful death, abuse and neglect, pressure sores, elopement, breach of contract, consumer protection act, fraud and personal injury. The cases have been tried in Virginia and in the state of Delaware.

The attorneys regularly attend the annual DRI conference for ALF and Long Term Care, and are members of the Long Term Care Risk Legal Forum. The firm is an industry leader in this specialized litigation and is actively defending multiple claims at the present time.

We would be pleased to provide references upon request.

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Medical Malpractice Litigation

The attorneys of MBBTK have experience in defending medical malpractice claims. We have represented a variety of professional health care providers, including optometrists, dentists, medical doctors, and long term care facilities in personal injury and wrongful death claims. We perform a comprehensive review of the case and select and retain appropriate and effective experts and consultants to assist in analysis of the issues. We are involved in all phases of litigation and our goal is to achieve the best resolution for our client in the most efficient manner.

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Nonprofit Litigation

The attorneys of MBBTK have experience providing the defense, counseling, and advocacy to both national and local nonprofit organizations. We have represented these entities for claims arising out of car accidents, premises liability, wrongful death, and employment issues. Our understanding of the nature and business of nonprofits allows us to provide effective strategies for successful and economic resolutions.

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Premises Liability

The attorneys of MBBTK have experience defending premises liability claims. These claims typically involve slip and falls, defective conditions, allegations of inadequate removal of snow and ice, and general negligence claims against a property owner for an alleged condition on the property causing personal injury to a third party.

In addition to routinely handling such claims, we have experience in defending the more complicated premises liability claims arising out of alleged criminal acts of third parties, security issues, toxic torts, alleged building code or national standard violations, negligent hiring, retention and supervision, sexual and/or physical abuse, and alleged intentional torts by an employee against a third party.

Our firm represents a number of shopping malls, corporations, and small businesses and individual property owners who were sued for claims arising out of injury occurring on the property. We have defended such suits in courts throughout the state and federal courts of the Commonwealth of Virginia, District of Columbia, and Maryland.

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Products Liability

The attorneys of MBBTK have extensive experience defending products liability claims facing all entities involved in the distribution chain of a product, including: design defects; manufacturing defects; failure to warn claims; as well as those claims that can be asserted under the Uniform Commercial Code, including breach of express and implied warranty claims, which include the warranty of merchantability and fitness for a particular purpose.

The stakes in a products liability action are much higher than normal, given that the entire line of a product is potentially at stake, in addition to the injury alleged. Almost invariably these cases will require experts to properly defend. We have significant ties to engineers trained to evaluate products and to render expert testimony on the subject.

We are capable and prepared to assist clients facing a products liability claim in the automotive and trucking industries, the building components industry, the food and beverage distribution industry, the industrial equipment industry, and many others. We are also prepared to represent all members of the distribution chain, including: the manufacturer, distributer, supplier, and retailer.

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Traffic / Reckless Driving / DUI Defense

A traffic offense or criminal charge can lead to very serious consequences. Being charged with a traffic offense as a result of a motor vehicle accident is serious because of a possible civil suit for personal injuries by the other driver, a passenger, or pedestrian. This area of law is complicated and has changed dramatically over the past several years. That is why you may need an experienced firm to aggressively defend these serious cases.

MBBTK specializes in serious traffic offenses, including reckless driving and DUI/DWI, and other misdemeanor criminal offenses. In regard to traffic offenses as a result of a motor vehicle accident, this firm has a unique perspective due to the years of experience its attorneys have in defending civil clients who have been sued for accidents. This firm regularly practices in all courts in the Northern Virginia area, including Federal Court. This Firm also handles cases involving shoplifting and/or theft, assault and battery, misdemeanor drug offenses, and alcohol related offenses.

To contact our firm regarding traffic or criminal matters, please call Michael E. Thorsen (Partner), who leads this group, at (703) 385-1000 ext. 210. We do not charge for an initial consultation.

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Transportation Litigation (Trucking / Common Carriers)

Members of MBBTK represent a number of trucking companies and their insurers in trucking accident litigation and insurance coverage disputes in federal and state courts across Virginia, D.C. and Maryland.  Our firm has developed expertise in the unique issues presented in trucking litigation including overlapping insurance coverage disputes, federal and state government regulation, accident reconstruction and analysis, greater likelihood of serious injuries or deaths, prejudice against truck driver and trucking companies, negligent hiring and supervision claims and negligent maintenance claims. Members of MBBTK also have developed expertise representing common carriers.

The damages and risks involved in trucking accident claims are usually significant and require competent legal representation from the outset.  The attorneys at MBBTK have the experience and the resources necessary to immediately conduct fact investigations, preserve evidence, retain accident reconstruction experts, aggressively pursue discovery, exhaust legal remedies and take the case through trial, ultimately resulting in a successful outcome for our clients.

The firm’s attorneys represent several large national trucking firms who are self-insured and several of the largest trucking insurers in the Country.  In that capacity, the attorneys attend national meetings with risk management and industry leaders.

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Workers’ Compensation

The workers’ compensation team at MBBTK has successfully defended employers and insurers in the Virginia, District of Columbia, and/or Maryland Workers’ Compensation Commissions for over 30 years. The attorneys aggressively advocate for the employers and insurers to obtain a favorable result through defense of the entire claim, facilitation of return to work, or application to terminate an outstanding award. 

The attorneys have handled all types of workers’ compensation cases and have successfully argued before the Court of Appeals and Virginia Supreme Court for interpretation of law favorable to employers.

Please call Dawn E. Boyce or Heather Bardot at (703) 385-1000 regarding representation of an employer and insurer.