phone 703.385.1000
fax 703.385.1555

 

John D. McGavin

PrincipalJohn McGavin - Virginia Personal Injury Lawyer, Managing Partner
9990 Fairfax Boulevard, Suite 400
Fairfax, Virginia 22030
(703) 385-1000 Telephone
(703) 385-1555 Facsimile
jmcgavin@bmhjlaw.com

Summary

Mr. McGavin is a Fellow of the American College of Trial Lawyers, Fellow of the Litigation Counsel of America; Past President of the Virginia Association of Defense Attorneys, Fellow of the Virginia Law Foundation, Member of the Select Committee of The VBA that authors Virginia’s “Evidence Handbook”, and serves on the Steering Committee of the prestigious Boyd-Graves Committee. In short, he is a leader in the field of Litigation, widely recognized for his extensive trial experience and skill. He is a “Super Lawyer”, “Best Lawyer in America”, and Martindale Hubbell AV rated. In 2014 and 2018, Mr. McGavin was selected as Lawyer of the Year for Products Liability Defense in Washington DC, and in 2015 was selected Personal Injury Defense Lawyer of the Year for Washington DC.

Areas of Practice

Civil litigation in Federal and State Courts throughout Virginia, Maryland and the District of Columbia, including:

  • Civil Litigation
  • Products liability
  • Professional liability/malpractice
  • Nursing Home Malpractice
  • Traumatic Brain Injury Litigation
  • Trucking litigation
  • Construction Defects
  • Appellate practice
  • SIU/Fraud

Education

  • Undergraduate: University of Virginia B.A. with Distinction, (1979)
  • Graduate: College of William and Mary
    Marshall-Wythe School of Law
    J.D. (1982)

Employment

  • Partner of Bancroft, McGavin, Horvath & Judkins, P.C. (1988 to Present)
  • Associate Attorney - Lewis & Trichilo (1983 - 1988)
  • Law Clerk for the Honorable Oren R. Lewis
    U.S. District Court for the Eastern District of Virginia
    (1982-1983)

Bar Memberships

  • Virginia (1982)
  • District of Columbia (2002)
  • Maryland (2011)

Martindale-Hubbell Rating

  • AV

Court Admissions

  • U.S. Supreme Court (1995)
  • U.S. Court of Appeals (4th Circuit)(1983)
  • U.S. District Court, E.D. Va. (1983); W.D. Va. (1985)
  • Virginia Supreme Court (1982)
  • District of Columbia, Court of Appeals (2002)
  • U.S. District Court, District of Columbia (2003)
  • U.S. District Court, District of Maryland

Professional Associations

  • Select Committee, Virginia Bar Association; Evidence - Responsible for preparing and editing “Primer on Evidence”, Publication of the Virginia Bar Association (2012-present)
  • Fairfax Bar Association Judicial Selection Committee (1998 - 2000)
  • Fairfax Bar Association Conciliation and Mediation Program, Steering Committee Member, (2005-present).
  • Faculty, Virginia State Bar Harry L. Carrico Professionalism Course 2009-2012
  • Fellow, American College of Trial Lawyers Inducted, March 2009
  • Virginia State Committee (2009-2016)
  • Fellow, Virginia Law Foundation (2006-present); Board of Directors (2019-the present); Fellows Committee (2012-Present; Chairman 2018-present)
  • Fairfax Bar Association Judicial Selection Committee (1998 - 2000)
  • Virginia State Bar
  • Virginia Bar Association
  • Northern Virginia Young Lawyers Association President (1987-1988)
  • Virginia Association of Defense Attorneys
    • President (October 2004-2005)
    • Board of Directors (1997-2000)
    • Executive Committee (2000-2006)
  • Fellow, Litigation Counsel of America (2015-present)
  • Defense Research Institute
  • Propane Gas Defense Association
  • Boyd-Graves Conference (2004-present); Steering Committee (2012-present)
  • Fairfax Bar Association Conciliation and Mediation Program, Steering Committee Member, (2005-2009)

LEGISLATIVE AND JUDICIAL APPOINTMENTS:

  • U.S. District Court Merit Selection Panel (2000 - Present) Appointed by Chief Judge, U.S. District Court, to select and recommend appointment of Magistrate Judges
  • U.S. District Court Appointed Counsel to represent the Eastern District of Virginia in Application for reinstatement of license to practice in Court. September 2014.
  • U.S. District Court Civil Advisory Panel
  • Commission on Virginia Courts in the 21st Century, Advisor to the Committee; (2005-2006) (Selected by Chief Justice of Virginia Supreme Court)

SIGNIFICANT REPORTED DECISIONS:

(Reported Circuit Court cases are not included due to volume)

  • Bartolomucci v. Federal Ins. Co., 289 Va. 361; 770 S.E. 2d 451 (2015)
  • Schuiling v. Harris, 286 Va. 187; 747 S.E. 2d 833 (2013)
  • Uniwest Constr., Inc. v. Amtech Elevator Servs., 280 Va. 428; 699 S.E. 2d 223 (2010)
  • Covel v. Town of Vienna, 280 Va. 151; 694 S.E. 2d 609 (2010)
  • Sunrise Continuing Care LLC v. Wright, 277 Va. 148; 671 S.E. 2d 132 (2009)
  • Douglas B. Baker, as Personal Representative of the Estate of Virginia Graeme Baker v. Poolservice Company, et al., 272 Va. 677, 636 S.E. 2d 360 (2006)
  • Gibson v. Boy Scouts of America, et. al., 359 F. Supp. 2d 469 (E.D. Va. 2005)
  • Gibson v. Boy Scouts of America, et. al., 359 F. Supp. 2d 462 (E.D. Va. 2005)
  • Honsinger v. Egan, 266 Va. 269, 585 S.E. 2d 597 (2003)
  • John v. Im, 263 Va. 315, 559 S.E.2d 694 (2002)
  • Interim Personnel v. Messer, 263 Va. 435, 559 S.E.2d 704 (2002)
  • Lambert v. Downtown Garage, 262 Va. 707, 553 S.E.2d 714 (2001)
  • USAA Cas. Ins. Co. v. Randolph, 255 Va. 342, 497 S.E.2d 744 (1998)
  • Robertson v. Metropolitan Washington Airport Authority, 249 Va. 72, 452 S.E.2d 845 (1995)
  • Chesapeake Bay Seafood House v. Clements, 14 Va. App. 143 (1992)
  • Jackson v. Ratcliff Concrete Co., 8 Va. App. 143 (1989)
  • Thiboudeau v. Vandermark, 234 Va. 15, 360 S.E.2d 171 (1987)
  • Stone v. Ethan Allen, Inc., 232 Va. 365, 350 S.E.2d 629 (1987)

LECTURES AND CLE’S:

  • Virginia Association of Defense Attorneys Annual Convention—Trial Tactics—Developments in Expert Testimony. October, 2018.
  • Virginia Association of Defense Attorneys—Trial Tactics Program—Depostion Strategy. March, 2018.
  • Virginia Association of Defense Attorneys Annual Convention—Defending Traumatic Brain Injury Claims, October, 2017.
  • Virginia Association of Defense Attorneys Annual Convention—CLE Speaker—Life Care Plans. October, 2016.
  • American College of Trial Lawyers—Trial Practice Program—Served as Judge for Mock Trial Program for ACTL National Trial Program. American University. February, 2017.
  • Access to Justice Seminar sponsored by American College of Trial Lawyers—Litigation Practice (September, 2015)
  • American College of Trial Lawyers—Trial Practice Program—Served as Judge for Mock Trial Program for ACTL National Trial program. American University. February, 2015
  • Fairfax Bar Association—CLE—Civility and Professionalism—Panel Program with Chief Justice Donald Lemons, Virginia Supreme Court. February, 2015.
  • Virginia Association of Defense Attorneys Annual Convention—CLE—Jury Selection and Voir Dire—Mock Trial with juror participation and keynote program at annual convention. October, 2014.
  • American College of Trial Lawyers—Access to Justice CLE—Trial practice program organized and presented to Public Defenders and Legal Aid attorneys—Richmond, Va. October, 2013
  • Fairfax Bar Association—CLE program—“Defending Depositions”, Presented for Young Lawyers Program of Fairfax Bar. June, 2013
  • Fairfax Bar Association—CLE program—“Electronic media and use of the Ipad”, February, 2013
  • Virginia Association of Defense Attorneys—CLE program—“Effective use of the Ipad in Trial”, October, 2012
  • 2010-2012–Faculty for the Virginia Professionalism Course. Presented CLE regarding professionalism issues to newly admitted attorneys. The faculty is selected by the Chief Justice of the Virginia Supreme Court.
  • Fairfax Bar Association—CLE program—“Appellate Practice”, November 2011
  • VADA Annual Convention October 2011—CLE program—“Settlement Negotiations”
  • American College of Trial Lawyers Regional Trial Competition, February, 2010. Served as Committee Co-Chair for ACTL in Regional Competition. Served as Judge for Trial Competitions. Secured Judges and coordinated program in conjunction with local host, and liaison to National Committee for ACTL.
  • VADA Seminar: Mediation and Arbitration Strategies; Served as panel Member to explain Mediation strategies and techniques for Mediation. (October 2009).
  • CLE Program-“Trial Tactics and Mock Jury Trial” Served as Coach to Young Lawyers; VADA (March 2009)
  • Fairfax Bar Association CLE: “Issues for expert litigation”, Presented at the Fairfax County Courthouse (October 2008)
  • Lormar Education Services: “Trucking Litigation” Presentation of issues affecting Trucking Litigation cases. Arlington, Virginia (September 2008)
  • Virginia Trial Lawyers Association: “Ten Virginia Supreme Court Cases You Need to Fully Understand.” Presentation at Annual Tort Law Seminar, (May 2008)
  • CLE Program–“Trial Tactics and Mock Jury Trial”–Served as Coach to Young Lawyers trying Mock Jury Trial; VADA (March 2008)
  • Seminar Presentation: “Trying a Traumatic Brain Injury Case”; Presented to State Farm Insurance Company, (January 2008)
  • CLE Program - Appellate Practice “Best Strategies in Preserving Error in the Trial Court & Perfecting Your Appeal: A View from the Trenches” Presented - Fairfax Bar Association (December 2007)
  • CLE Program–“Handling a Motor Vehicle Accident Case From Start to Finish”–Virginia CLE of the Virginia Law Foundation (Richmond, April 2007)
  • Lecture Chubb Insurance Company- Third Party Liability in Civil Rights Litigation. Presented Washington, D.C. (April 2005)
  • CLE Program - 48 Important Issues in Handling Personal Injury Cases (April 2005)
  • CLE Program - Mock Jury Trial , Defense Counsel, Mild Traumatic Brain Case (Richmond, Virginia, October 2004)
  • CLE Program - Products Liability Section, VADA, “Defense of Traumatic Brain Injury Cases: 10 Ways to Avoid a Multi-Million Dollar Disaster.” (October 2003)
  • CLE Program - “Lawyers New to a Defense Practice.” (2000-2005). Served as Speaker at annual event for New Lawyers, providing insight and suggestions on discovery issues. Presented at the seminar for 6 straight years.
  • Seminar Presentation–National Insurance Crime Bureau–Symposium on “Gypsy Fraud and Investigations” (November 2001)
  • CLE Program - Automobile Section, VADA, “Trying a Motor Vehicle Case” (October 2001)
  • National Insurance Crime Bureau Program: “Communications Between Law Enforcement and Insurance Companies.” (November 29, 2000)
  • State Farm Insurance Company Regional Conference of Special Investigation Counsel and Claims Personnel, “Update on Special Investigation Projects in Virginia”, (February 5, 2000)
  • NSPII - Advanced Insurance Fraud Seminar, “Investigation of MD/DC combination clinics in Virginia”, Cincinnati, Ohio (November 1999)
  • Lecture - Virginia State Police Fraud Unit, “Investigating Fraud in Insurance Cases” (January 1999)
  • Fairfax Bar Association - (CLE) “Trying a Personal Injury Case” (May 1994)

ARTICLES AND JOURNALS:

  • “Time to Revisit the Gatekeeping Function of the Trial Courts in Virginia.” The Journal of Civil Litigation; Vol. XVIII, No. 3 (Fall 2006)
  • “Sovereign Immunity: Is it Alive and Well in Virginia after Friday -Spivey v. Collier?”,The Journal of Civil Litigation; Vol. XVII, No. 3 (Fall 2005)
  • John v. Im: Time for Clarification and Revisiting the Decision by The Supreme Court of Virginia.”, The Journal of Civil Litigation; Vol. XV, No. 2 (Summer 2003)

AWARDS AND RECOGNITION:

  • Best Lawyers in America, (2014-present), Products Liability Defense Lawyer of the Year (Washington, D.C. 2014, 2018); Personal Injury Defense Lawyer of the Year (Washington, D.C. 2015)
  • Virginia Business Magazine, “Legal Elite” Top Lawyers, Litigation (2018)
  • Virginia Lawyers Weekly “Leader in the Law 2013”, an award recognizing contributions to the practice of law and the community.
  • Northern Virginia Magazine—“Top Attorneys in Northern Virginia”, (Personal Injury and Criminal Law), December, 2010, 2012, 2014, 2016, 2017, 2018
  • Virginia “Super Lawyer” (2007-present)
  • Washington D.C. “Super Lawyer” (2007-present)
  • Washingtonian Magazine “Top Lawyers” – (2007, 2011, 2013, 2015, 2017; 2018)
  • Virginia Association of Defense Attorneys Furness Award - 2006 Awarded for exceptional leadership
  • DRI Exceptional Performance Award – 2005
  • National Insurance Crime Bureau Certificate of Appreciation (May 30, 2002); In recognition of the supportive investigative efforts provided in a major multi-million dollar medical billing fraud case that resulted in the arrest and prosecution of several individuals.

OTHER ACTIVITIES:

  • Great Falls United Methodist Church Administrative Board–2001-2004; Finance Chair 2010-2011
  • Great Falls Youth Sports Volunteer—Great Falls Youth Basketball, Board of Directors (2011—2014). Travel basketball coach—2011-2013, 2000-2003.

PERSONAL:

Married: Linda Peele McGavin, Four Children
Date of Birth: April 15, 1957

Bancroft, McGavin, Horvath, & Judkins, P.C., handles civil and business litigation defense, insurance law and defense, government and municipal law, workers' compensation, and DUI/traffic defense  cases throughout the Commonwealth of Virginia and in the District of Columbia.

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Office Location

9990 Fairfax Boulevard, Suite 400
Fairfax, VA, 22030

phone:703.385.1000
fax:703.385.1555


 

Super Lawyers 2016

Martindale-Hubbell Peer Review Rated 2016

Best Lawyers 2019