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Contact Information:

Email:dfitch@wawlaw.com
Direct Line:540 438 5304
Fax:540 434 5502

 

Wharton Aldhizer and Weaver
100 South Mason Street
Harrisonburg, VA 22801

Practice Focus

Daniel L. Fitch

Daniel L. Fitch concentrates his practice in the areas of civil litigation, with an emphasis on intellectual property, product liability, personal injury, and construction matters.

He has five years active military service and served with distinction as an officer in the 82d Airborne Division and 7th Special Forces Group. Graduated first in his Green Beret qualification course. Master parachutist, combat diver, and Army Ranger.

Dan is a licensed professional engineer in the Commonwealth of Virginia since 1982. Registered patent attorney before the United States Patent and Trademark Office. AV Peer Rated by Martindale-Hubbell. Listed in The Best Lawyers in America; Virginia Business Magazine, Legal Elite.

Regional trial practice, including trials in the state and federal courts. First chair trial counsel in over 75 significant jury trials since 1986, including products liability, patent, construction, environmental, automobile liability, trucking accident, fire, insurance coverage, premises liability, architect and engineer professional liability, personal injury, wrongful death, unfair business competition, and property and casualty cases.

Regional intellectual property practice for individual and business clients. Drafted and prosecuted patent and trademark applications before the United States Patent and Trademark Office; prosecuted and defended utility and design patent infringement actions throughout Virginia.

Regional construction practice for individual and institutional clients. Drafted and negotiated hundreds of construction agreements for individual and corporate owners, architects, and contractors for projects in scope of up to $200M. Prosecuted and defended construction claims throughout the region.


Education

  • U.S. Military Academy at West Point (B.S., 1978) (Nuclear Engineering; Distinguished Cadet – top 2% of class)
  • University of Virginia School of Law (J.D., 1986)

Books, Publications, and Articles

  • Authored "Construction Law," 23 University of Richmond Law Review 541, 1989.

Notable Cases and Reported Decisions

  • McMonigle v. Walton, 2007 WL 1231435 (W.D. Va. 2007)
  • Stowe Woodward v. Sensor Products, Inc., 230 F.R.D. 463 (W.D. Va. 2005); 2005 WL 1922566 (W.D. Va. 2005);
  • Dean, et als. v. Pilgrim's Pride Corp., 395 F. 3d 471 (4th Cir. 2005);
  • Hamilton v. Pilgrim's Pride Corp., 100 Fed. Appx. 907 (4th Cir. 2004);
  • Miller v. Augusta Mutual Insur. Co., 335 F. Supp. 727 (W.D. Va. 2004); aff'd, 157 Fed. Appx. 632 (4th Cir. 2005);
  • Roberts v. Forrester v. Fox, 2003 WL 22902142 (W.D. Va. 2003); 2003 WL 22228305 (W.D. Va. 2003);
  • Francis v. Ingles, 1 Fed. Appx. 152 (4th Cir. 2001);
  • National Fruit Product Co., Inc., v. Fireman's Fund Insurance Co., et als., 178 F.3d 1285 (4th Cir. 1999);
  • Romero v. Boyd Bros. Transp. Co., Inc., 1994 WL 507475 (W.D. Va. 1994); 1994 WL 287434 (W.D. Va. 1994);
  • Rubbermaid Comm. Products, Inc. v. CONTICO, 836 F. Supp. 1247 (W.D. Va. 1993);
  • Wharton v. Commonwealth of Virginia, 993 F.2d 1541, 1993 WL 192515 (4th Cir. 1993);
  • Leake v. Wharton, 1991 U.S. Dist. LEXIS 20092 (W.D. Va. 1991);
  • Rocco Enterprises, Inc., et al. v. Continental Casualty Co., 1991 U.S. Dist. LEXIS 15833 (W.D. Va. 1991); 702 F. Supp. 596 (W.D. Va. 1988);
  • Citizens for Clean Air v. Rockingham Poultry, Inc., 13 Va. App. 430, 412 S.E.2d 715 (1991); and
  • Environmental Defense Fund v. Rocco Farm Foods, 12 Va. App. 456, 404 S.E.2d 728 (1991).

Memberships & Awards

  • Virginia's Legal Elite, Virginia Business MagazineLegal Elite, Virginia Business Magazine
  • Best Lawyers in AmericaBest Lawyers in America (R)
  • Super Lawyers MagazineSuper Lawyers Magazine
  • AV Rated with Martindale-Hubbell
  • Admitted to the Virginia, West Virginia, Colorado, Wyoming and United States Patent & Trademark Bars
  • Harrisonburg-Rockingham Bar Association (President, 1998-1999)
  • American Bar Association
  • Virginia Chamber of Commerce (Board of Directors, 1995-1998; Vice-Chairman, 1997-1998)
  • Virginia Agribusiness Council (Board of Directors, 1994-1996)
  • Virginia Association of Defense Attorneys
  • Attended Wyoming Trial Lawyers' College in 1996 (an intensive 31-day trial advocacy program)
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