Dustin is a skilled litigator who finds creative solutions for his clients in Virginia state and federal courts. He excels in using the depth and breadth of his knowledge to achieve cost-effective resolution of disputes. Some of the nation’s most successful companies have trusted him to represent their interests throughout Virginia, at the Fourth Circuit, and at the U.S. Supreme Court. His varied practice includes:
Transportation Litigation
Because of his representation of marine terminals, trucking companies, railroads, transportation suppliers, and an airport, Dustin appreciates the complexities of intermodal transportation. His membership and participation in the Hampton Roads Global Commerce Council, the Transportation Lawyers Association, the Maritime Law Association, the Southeast Admiralty Law Institute, the Virginia Maritime Association, and the Virginia Bar Association Transportation Law Section allow him to keep abreast of the current legal landscape and other changes in the transportation industry. He has authored articles in the “The Transportation Lawyer” and the “Maritime & International Trade Guide.”
Career highlights include:
Personal Representative of Coutlakis v. [Railroad], Record No. 160277 (Va. Sup. Ct.): argued before the Supreme Court of Virginia on behalf of one of the nation’s largest railroads on a unique issue under Virginia tort law. His oral argument audio is here.
Bulk Juliana, Ltd., et al., v. [Fortune 500 Company], Case No. 16-26 (U.S. Sup. Ct.): was the primary author of the Brief in Opposition to a Petition for a Writ of Certiorari to the U.S. Supreme Court in a case in which the Court requested briefing from the U.S. Solicitor General.
Rabenstine v. National Association of State Boating Law Administrators, Inc. et al., Case No. 4:14-cv-78, 2015 WL 3470191 (E.D. Va. 2015): authored brief obtaining summary judgment on behalf of law enforcement officer asserting unique application of qualified immunity doctrine.
[Fortune 500 Company] v. M/V Hebei Shijiazhuang, 783 F.3d 507 (4th Cir. 2015): primary author in briefing which resulted in affirmance of a grant of summary judgment on maritime lien law issues.
Commercial Litigation
Both Virginia-based small businesses and some of the nation’s largest companies have relied upon Dustin’s advice to resolve commercial disputes. He has an aptitude for understanding the business realities of a conflict and seeking creative resolutions in lieu of prolonged litigation. But when litigation is the only choice, Dustin has the experience to bring the case to verdict, through appeal, and beyond.
Career highlights include:
[General Contractor] v. Rummel, Klepper & Kahl, et. al, Case No. 18-1529 (4th Circuit): was engaged as appellate counsel to prepare the briefing before the Court of Appeals after the trial court made an unfavorable summary judgment ruling, and then argued the case to the Fourth Circuit panel. His oral argument audio is here.
[Car Dealership] v. Voltin, Case No. CL11-1065 (Norfolk Circuit): Obtained more than a $800,000 verdict in a fraud case against the plaintiff’s Chief Financial Officer and defended the verdict through appeals and a bankruptcy proceeding.
JAAAT Technical Services, LLC, v. [Fortune 1000 Defendant], Case No. 3:15-cv-00235-MHL (E.D. Va.): defended and prosecuted claims related to five government contracts in multi-state litigation, including obtaining dismissal of this case through unique jurisdictional arguments related to federal enclave jurisdiction.
Corbin Bernsen v. [Advertising Agency], 885 F.Supp.2d 830 (Ed. Va. 2012), defended, through jury trial, an advertising company against breach of contract claims brought by Hollywood actor.
EDVA Local Counsel
Working with some of the nation’s largest firms and companies as a key resource for cases in the Eastern District of Virginia (EDVA), Dustin has appeared in more than 50 cases covering a wide variety of topics including patent, antitrust, maritime, employment, and contract matters. He has also provided advice in countless other cases for which he has not entered an appearance. As the editor of www.edvanorfolk.com, a blog dedicated to studying and monitoring the actions of the EDVA’s District Court in Norfolk, he is well-prepared to advise counsel throughout the country on how to file, prosecute, and try cases in the “Rocket Docket.” He also serves on the Board of the Tidewater Chapter of the Federal Bar Association.
Career highlights include:
G.D. Searle LLC et al v. Lupin Pharmaceuticals, Inc. et al, 2:13-cv-00121-AWA-LRL: served as local counsel for an AMLAW100 firm and a generic pharmaceutical company in patent litigation regarding Celebrex®.
In Re: Zetia (Ezetimibe) Antitrust Litigation, 2:18-md-02836-RBS-DEM, in which he served as local counsel for a different AMLAW 100 firm and a different generic pharmaceutical company in patent litigation.
[Government Contractor] v. United States of America, 4:18-cv-00148-HCM-LRL, in which he served as local counsel for an AMLAW 200 firm in obtaining an emergency temporary restraining order and temporary injunction after his client was improperly denied renewal of its government contract.