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Virginia Medical Malpractice Attorney
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Kyle McNew

Kyle McNewPartner
Phone: 434.951.7234
Fax: 434.951.7254
Email: kmcnew@michiehamlett.com
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Team Members

Molly Lowry: (434) 951-7331
Mena Mastronardi: (434) 951-6454

Practice Areas

  • Products Liability
  • Automotive & Trucking
  • Asbestos
  • Brain Injury
  • Pharmaceutical & Medical Device
  • Wrongful Death
  • Trust & Estate Litigation
  • Fiduciary Litigation
  • Commercial Torts

Kyle is a trial lawyer, with a focus on issues and appeals arising out of personal injury and products liability cases. He has successfully argued complex issues before the Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, federal district courts throughout Virginia, and the Virginia circuit courts. He has built a state-wide reputation for his legal knowledge and advocacy, and has been recognized as a “Best Lawyer” in Virginia’s appellate bar since 2016.

Kyle also has an active trial practice with a particular interest in cases involving punitive damages due to drinking or distracted driving and workplace injuries or death that fall outside of the worker’s compensation system. Other attorneys frequently consult with Kyle and bring him into their high-value cases to handle discrete, complex legal issues.

Kyle is an active leader in various statewide legal organizations. He was recently made a member of the Boyd-Graves Conference. Kyle has chaired the Virginia Trial Lawyers Association’s amicus curiae committee, and has authored several amicus briefs on behalf of VTLA. He is a member of the VTLA Board of Governors, as well as the Board of Governors for the Litigation Section of the Virginia State Bar, and the Judicial Candidate Evaluation Committee of the Virginia State Bar, and frequently presents at seminars and CLE courses on appellate advocacy and legal issues arising in civil litigation.

After graduating from law school, Kyle clerked for the Honorable Walter D. Kelley, Jr., of the United States District Court for the Eastern District of Virginia, practiced complex litigation in the Norfolk office of an international law firm and, before joining MichieHamlett in 2010, clerked for the Honorable Boyce F. Martin, Jr., of the United States Court of Appeals for the Sixth Circuit. A lifelong Virginia resident, Kyle lives in Charlottesville with his wife, sons, and springer spaniel. In his free time, he enjoys working in his yard, hiking, hunting and cooking.

Honors/Professional Activities

  • Boyd-Graves Conference
  • Virginia State Bar
    • Litigation Section Board of Governors
    • Judicial Candidate Evaluation Committee
  • Virginia Trial Lawyers Association, Board of Governors
  • “Best Lawyers” Virginia Appellate 2016-present
  • Executive Editor, Washington and Lee Review

Representative Decisions

Federal

Hodges v. Federal-Mogul Corp., 621 F. App’x 735 (4th Cir. 2015) (reversing grant of summary judgment in industrial explosion products liability case)

Lord v. Senex Law, P.C., No. 7:20-cv-541, 2021 U.S. Dist. LEXIS 153852 (W.D. Va. Aug. 16, 2021) (denying majority of motion to dismiss FDCPA claims against debt collection law firm)

Medical Mutual Ins. Co. v. Littaua, No. 3:20-cv-822, 2021 U.S. Dist. LEXIS 30293 (E.D. Va. Feb. 17, 2021) (dismissing insurance declaratory judgment due to federalism and ripeness issues)

Green v. Hudson Ins. Co., No. 5:20-cv-52, 2021 U.S. Dist. LEXIS 15393 (W.D. Va. Jan. 27, 2021) (remanding insurance declaratory judgment action to state court)

Crawford v. Senex Law, P.C., 259 F. Supp. 3d 464 (W.D. Va. 2017) (denying motion to dismiss in FDCPA case against debt collection law firm)

Turner v. Syfan Logistics, Inc., No. 5:15-cv-81, 2016 U.S. Dist. LEXIS 51460 (W.D. Va. Apr. 18, 2016) (denying motion to dismiss for failure to state a claim and for lack of personal jurisdiction in wrongful death case against interstate trucking broker)

Supreme Court of Virginia

Burke v. Young, Record No. 200095, 2020 Va. Unpub. LEXIS 30 (Va. Dec. 10, 2020) (reversing grant of summary judgment in prisoner civil rights claim) (pro bono appointed counsel)

Green v. Diagnostic Imaging Assocs., P.C., 299 Va. 1 (2020) (reversing grant of motion to dismiss in medical malpractice wrongful death matter)

Cline v. Commonwealth, Record No. 151037, 2016 Va. Unpub. LEXIS 20 (Va. Sept. 8, 2016) (reversing plea of sovereign immunity)

Pinto v. Morningside of Charlottesville, LLC, Record No. 120202, 2012 Va. LEXIS 182 (Va. Oct. 5, 2012) (affirming trial court’s judgment in contract case)

Gibbs v. Newport News Shipbuilding & Drydock Co., 284 Va. 677 (2012) (reversing grant of plea in bar due to worker’s compensation exclusivity in asbestos wrongful death matter)

Publications

Kyle McNew, Tribute to Professor, Not Doug, Rendleman, 78 Wash. & Lee. L. Rev. 35 (2021)

E. Kyle McNew, In Search of a Unified Theory of the Duties Flowing from Property Ownership in Virginia: A Response to McElhaney’s If a Tree Falls, 76 Wash. & Lee. L. Rev. 555 (2019)

E. Kyle McNew, Recalibrating How We Think About Gross Negligence and Willful and Wanton Conduct After Elliott v. Carter, The Journal of the Virginia Trial Lawyers Association, Vol. 26, No. 4 (2017)

E. Kyle McNew, The Price of Silence: Legal and Ethical Issues Arising from Confidentiality Provisions in Settlement Agreements, Virginia State Bar Litigation News, Vol. XVIII, No. 1 (May 2017)

E. Kyle McNew, A Rule Without Reason: Applying the Rule on Witness Sequestration to Experts, The Journal of the Virginia Trial Lawyers Association, Vol. 23, No. 4 (2012)

Note, Are Rules Just Meant to be Broken? The One-Year Two-Step in Tedford v. Warner-Lambert Co., 62 Wash. & Lee L. Rev. 1315 (2005)

Bar Admissions

  • Virginia State Bar
  • United States Court of Appeals – Fourth and Sixth Circuit
  • United States District Court – Eastern and Western Districts of Virginia

Education

  • College of William and Mary, B.A. 2003
  • Washington and Lee University School of Law, J.D. magna cum laude 2006
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