Case Law Highlights for North Carolina Attorney Marvin Schiller
- Appellate Law
- Recognized Expert
- Class Action Retirement Benefits Law
- Employment Law
- Class Action
- Fraud & Securities Law
- Trust Fund Law
- Endowed Neurology Chair
Appellate Law
Marvin Schiller has more than 170 Westlaw entries in a wide range of state and federal appeals. The appeals include class actions, constitutional law, civil rights law, employment law, free speech law, impairment of contract law, negligence and injury law, retirement benefits law, workers' compensation law, wrongful discharge law, and other areas of law.
Recognized Expert
Walker v. State of North Carolina
United States District Court Judge W. Earl Britt wrote in 1994 that Marvin is “a recognized expert in the field of employment law" and with Gastonia attorney William E. Moore, Jr., "did an outstanding job in representing [an equal pay litigant].”
Marvin has served as an expert witness in three cases.
Class Action Retirement Benefits Law
Simpson v. N.C. Local Governmental Employees' Ret. Sys.
The Simpson class action settled in 1990 on behalf of about 2,000 disabled firefighters, police officers and other disabled local government retirees. The retirees won $4.3 million in past underpaid disability retirement benefits and future increased retirement benefits of more than $25 million.
Faulkenbury v. Teachers’ & State Employees’ Ret. Sys. of NC
Marvin, together with co-class counsel G. Eugene Boyce of Raleigh, proved a violation of the U.S. Constitution contract clause at a class action trial in 1995. The North Carolina Supreme Court in 1997 affirmed the trial court. This case resulted in the largest reported recovery in a class action contract clause case involving public employee disability retirement benefits in the history of the nation. The past underpaid retirement benefits came to about $93 million. The future increased retirement benefits are estimated at over $50 million.
Employment law
Lorbacher v. City of Raleigh Housing Authority
In a wrongful discharge jury trial, Marvin, together with Gastonia attorney William E. Moore, Jr., secured a jury verdict of $1.3 million. The trial court had previously dismissed the case. However, after Marvin’s oral argument, the North Carolina Court of Appeals reversed in favor of Mr. Lorbacher.
Johnson v. Friends of Weymouth
In a first impression case, Marvin together with attorney William E. Moore, Jr. established that North Carolina’s Pattern Jury Instructions for wrongful discharge cases were inconsistent and obtained a reversal.
Jordan v. North Carolina Department of Transportation
In a first impression case involving the time limitations for a state employee to file a grievance, Marvin obtained a reversal for the employee after losing in the Office of Administrative Hearings, the State Personnel Commission and the Wake County Superior Court. The case settled for more than $300,000.
Johnson v. Natural Resources & Community Development
In a case of first impression involving the statutory construction for state employees who have Personnel Act protection from dismissal, Marvin secured a favorable result for the employee. The case subsequently settled for more than $250,000.
Fraud & Securities Law
Horton v. Merrill Lynch
Marvin was co-counsel with Chicago attorney Marvin Miller and together they secured a $3.5 million settlement in a federal class action securities case.
Trust Fund Law
Horace Williams’ Philosophy Trusts v. UNC at Chapel Hill
Marvin, together with attorney Gene Boyce, achieved a $6 million settlement in a trust fund case for graduate student fellowships in Philosophy at UNC Chapel Hill in 2000.
Endowed Neurology Chair
The Carol Masters Schiller Distinguished Scholar in Neurology endowed chair was established in 2007 at the University of North Carolina Medical School at Chapel Hill.
Solid Legal Guidance From An Experienced Class Action Attorney
Please contact Marvin Schiller at Schiller & Schiller PLLC to discuss with confidence and confidentially your potential membership in a class action case and to serve the common good by becoming a class representative.
