Archibald Wallace III

Arch offers the clients of WALLACEPLEDGER more than forty years of experience in trying cases ranging from the simple and mundane to the complex and unusual. During this time, Arch has had responsibility for thousands of cases, more than 300 of which were tried to completion before a jury. He has also argued more than 30 appeals in the federal and state appellate courts.

Arch approaches each problem looking for a practical solution. When one is not available, he is willing to take on the trial mantle focusing on those issues that are key - the client's goals and the client's pocketbook. Commitment, practicality, and Thoroughness are the abiding characteristics Arch brings to every situation. These are also the traits he seeks to cultivate in all who work with him.

AREAS OF CONCENTRATION

CONSTRUCTION AND SURETY LAW

Three distinct periods mark Arch's career: The first of these was in construction and surety law. In the late 1960's Arch was involved in a series of construction and surety cases from Pennsylvania to North Carolina when an Interstate Highway contractor defaulted simultaneously on 9 major construction projects. By the time the litigation ended Arch's reputation in this field had been established and surety companies and contractors were calling on him. In 1991 Arch first teamed with Rich Pledger and from that association the firm of WallacePledger emerged.

Representative Experience:

Interstate highways, military housing, underground electrical wiring for a military base, new construction at a military base, university dormitories, a coliseum, student centers, court houses, underground water and sewage, university class room buildings, a hospital, a
student center at a college, State school construction, multiple commercial and residential construction projects, a rapid deployment facility for the military, airports, bridges, bids and upset bids, shrink/swell soil, mold, fiduciary clauses, estate, bonds, fidelity bonds, the U. S. government, and owners, sureties and contractors.

PRODUCTS LIABILITY

In the mid-1970s, Arch was asked to defend a manufacturer in a series of product liability cases brought by asbestos claimants; ultimately, this effort grew until Arch was asked to represent a cartel of 53 manufacturers and insurance carriers. (The Asbestos Claims Facility). Before taking on the task of representing most of the defendants in Virginia's asbestos litigation, Arch served as a national coordinator for the defense of over 50,000 cases for one of these manufacturers. (The H. K. Porter Company).

In the twelfth year of the litigation Arch was asked to resume his role as National Coordinator for his former client, which he did until the client succumbed in bankruptcy. Within weeks other manufacturers brought Arch back into the asbestos litigation, where he has remained to this date. The asbestos litigation propelled Arch into national prominence where he was called upon regularly to try and to assist in trials across the eastern half of the United States. Arch was instrumental in this timeframe in the training of sixty other lawyers so that they could defend the cases in their respective states. Since the mid-1970s, Arch has been in demand as a teacher of lawyers in the skills of their craft. In these areas, he has taught nationally and statewide in continuing legal education programs mandated for attorneys.

Arch's involvement in the field of products liability has continued since the mid 1970's in a host of applications.

Representative Experience:

Baby products; manufacturing machinery; automobiles; trucks; power equipment, i.e. lawn mowers, tractors, chain saws, log splitters; a waterless dye machine; wire rope; cranes; bungee cords; drugs; foods; clothing; ladders; furniture; stoves/refrigerators; washers; asbestos, silica, lead paint, mold, cigarettes, brakes, construction materials, telephones, drugs, prosthetics, assembly lines and paint.

CHURCH LAW

In the mid 1990's a third area of practice became prominent in Arch's career, that of church law. From representing a minister here and a church there Arch saw his religious law practice grow to a point where he is regularly asked to represent churches and ministers in all denominations and faiths in a variety of church and civil court settings. To be better prepared to understand the issues facing churches and ministers, Arch attended Union Seminary in Richmond, Virginia, a Presbyterian Seminary, from 1993-1998, securing an M. Div in the process.

Representative Experience:

Sexual misconduct, sexual abuse, theft, tax issues, employment, property issues, slander, libel, church polity, hierarchical disputes, ordination disputes, injunctions, behavioral issues.

OTHER LITIGATION

Parallel to these three major areas of expertise has been the steady call on Arch to be involved in complex business and commercial litigation matters, to defend insureds as a Tier 1 attorney for several carriers, and to represent local and state governments.

Representative Experience:

Business and Commercial:

Trade secrets, unfair competition, hedge contracts, §1983, RICO, sexual harassment, employment, minority/majority stockholder fights, copyright infringement, mergers, dissolutions, corporate fraud, auditor fraud, advertising fraud, sweepstakes fraud, adversary proceedings in bankruptcy to avoid discharge, long term commercial leases, priorities of competing security interests, breach of contract, tortious interference, businesses interruption, directors' liability, ERISA, tax credits, covenants not to compete, UCC, banking issues.

Insurance Defense:

Personal injury in auto, premise and products cases, first party actions, commercial liability cases, directors' liability, professional liability/malpractice, involving doctors, accountants, lawyers and real estate professionals, coverage questions, business interruption, sexual harassment, property damage.

Local/State Government:

Real estate issues, zoning, governmental immunity, contracts, tax cases, social service bureaus, tax assessor claims, racing commission issues, fixed base operations at airports, leases, freedom of information, prisons.

Over the years Arch has tried cases in Washington, DC, North Carolina, South Carolina, Florida, Tennessee and West Virginia.

MEDIATION

Arch is also a trained mediator and has conducted numerous mediations. With a 40-year plus perspective in the high costs of litigation and the emotional losses suffered when cases did not resolve favorably, Arch and three others formed Early Solutions, Inc., a pre-mediation specialty firm. Early Solutions seeks to resolve conflicts before they ripen into full scale battles. This is accomplished through retreats, consultations and extensive testing by experts in the fields of group systems, psychological testing and pastoral counseling. This is a growing weapon in the arsenal of preventives to litigation.

Legal Experience

2002 - present WallacePledger, PLLC
Richmond, Virginia
Partner

1966 - 2002 Sands, Anderson Marks & Miller
Richmond, Virginia
Partner

1963 - 1973 U. S. Army Reserves, Major

1960 - 1963 U. S. Army

Representation in Cases Having Published Decisions

Crowell v. Angelus Sanitary Can Machine Co.
217 F.3d 838 (4th Cir. 2000)

American Model Home Corp. v. Resource Mortgage Capital Inc.
173 F.3d 423 (4th Cir. 2000)

Trade secrets, hedge contracts, breach of fiduciary duty

Nationwide Mutual Insurance Co. v. Housing Opportunities Made Equal, Inc.
259 Va. 8, 523 S.E.2d 217 (2000)

Reaves by Reaves v. Peace
108 F.3d 1373 (4th Cir. 1997)

Smith v. Settle
254 Va. 348, 492 S.E.2d 427 (1997)

Coates v. Williams 104 F.3d 358 (4th Cir. 1996)

Fleming v. Workers Compensation Commission
78 F.3d 578 (4th Cir. 1995)

Daley v. Hanover County
86 F.3d 1149 (4th Cir. 1995)

Diamond Star Corp. v. Freed
30 F.3d 583 (4th Cir. 1994)

Cottrell v. General Systems Software Corp.
248 Va. 401, 448 S.E.2d 421 (1994)

Citgo Petroleum v. Hopper
245 Va. 363, 429 S.E.2d 6 (1993)

Lynchburg College v. Central Fidelity Bank
242 VA. 292, 410 S.E.2d 617 (1991)

Cave v. Johns Manville
843 F.2d 1386 (4th Cir. 1988)

Wingo v. Celotex
834 F.2d 375 (4th Cir. 1987)

Goad v. Celotex Corp.
831 F.2d 508 (4th Cir. 1987)

Powell v. Sears Roebuck & Co.
231 Va. 464; 344 S.E.2d 916 (1986)

Oman v. Johns Manville Corp.
764 F.2d 724 (4th Cir. 1985)

In re FELA Cases : Palmer v. N & W
646 F. Supp. 610 (W.D. Va. 1985)

White v. Pleasants
227 Va. 508, 317 S.E 2d 489 (1984)

Davidson v. Cook
567 F. Supp. 225 (E.D. Va. 1983)

Greitzer & Locks v. Johns Manville Corp.
710 F.2d 127 (4th Cir. 1982)

White v. Johns Manville Corp.
662 F.2d 243 (4th Cir. 1981)

White v. Johns Manville
662 F.2d 234 (4th Cir. 1981)

Glover v. Johns Manville
662 F. 2d 225 (4th Cir. 1981)

Graves Construction v. Rockingham National Bank
220 Va. 844 263, S.E.2d 408 (1980)
Construction - extent of bank's security interest in materials stored on the job site

Kayloe Construction Corporation v. United Virginia Bank
220 Va. 285, 257 S.E.2d 837 (1979)

Richmond Shopping Center, Inc. v. Wiley N. Jackson Co.
220 Va. 135, 255 S.E.2d 518 (1979)

Harris v. Obenshein
452 F. Supp 1172 (E.D. Va. 1978)

Brand Distributors, Inc. v. Insurance Company of North America
532 F.2d 352 (4th Cir. 1976)

Sherwood Trucking Inc. v. Carolina Casualty Ins. Co.
407 F. Supp. 632 (E.D. Va 1976)

Standard Products v. Woolridge & Co.
214 Va. 476, 201 S.E.2d 801 (1974)

Transamerica Ins. Co. v. E. C. Womack, Inc.
73-1 U.S. Tax Cases. (CCH) P9146 (1972)

Nelson v. Vaughan
210 Va. 1, 168 S.E.2d 126 (1969)

Challenor v. Commonwealth
209 Va. 789, 167 S.E.2d 116 (1969)

Program Speaker and Contributing Writer of Course Material

The American Society of Trial Consultants (2001)
Annual Conference Williamsburg
Legal Doctrines and Ethical Standards

Insurance Law for Virginia Practitioners (1993)
Other Insurance Coverage (Homeowners, Legal & Medical Malpractice,Commercial General Liability Coverage) Va. CLE

Insurance Law for Virginia (1990)
The New Commercial General Liability Policy
Va. CLE

Insurance Law in the 80's (1989)
Other Insurance Coverage
Va. CLE

Expert Witnesses Their Use and Abuse (1988)
Sands Anderson's Annual Insurance Seminar

Winning Jury Trials (1987)
Effective Techniques In Presenting Evidence
Va. CLE
Chicago, DRI

A Jury Trial (Live) (1986)
ALI - ABA, San Diego, California

Asbestos Litigation: Cross Examining Experts (1985)
DRI, The Breakers, Florida

Evaluation, Negotiation and Settlement of Lawsuits (1984)
The Perspective of the Defense Counsel

Trial Techniques (1984)
Los Angeles, DRI
Difficulties with the Federal Rules
Preservation of Testimony: The Videotape Alternative

Asbestos Litigation: The State of the Art Defense (1983)
DRI, New Orleans

Asbestos Litigation: The Long Case (1982)
DRI, Las Vegas

Industrywide Litigation - Defense of Asbestos Lawsuits (1981)
DRI, Chicago

Damages (1980)
Va. CLE

Liability Insurance (1977)
Other Insurance Coverages
Va. CLE