
Kevin E. Martingayle
PRACTICE AREAS
• Alcohol Beverage Control Board Representation
• Administrative Process Act
• Appeals
• Civil Litigation
• Civil Rights & Constitutional Law
• Commercial Litigation
• Covenants not to Compete
• Education Law
• Employment Litigation
• Land Use & Zoning Disputes
• Municipal & Administrative Law
• Personal Disciplinary Actions
• Personal Injury
• Virginia Freedom of Information Act (FOIA)
• Will, Estate, and Trust Litigation
CONTACT
martingayle@bischoffmartingayle.com
Phone: (757) 416-6009
Cell: (757) 589-2224
Fax: (757) 428-6982
LinkedIn
Kevin Martingayle is no stranger to the headlines or the courtroom. With a deep and wide knowledge of state and federal law, his devotion to his profession and the practice of law is obvious. He respects the rights of all individuals, regardless of their station in life, to receive strong representation and advocacy. Fellow attorneys, judges and others in the legal arena respect Kevin’s drive and determination. So do his clients.
-
• University of Virginia School of Law Juris Doctor 1991
• Hampden-Sydney College, Bachelor of Arts - Economics 1988 Cum Laude; Phi Beta Kappa
-
• Virginia State Bar (President, 2014-2015)
• U.S. Supreme Court
• U.S. Court of Appeals for the 4th Circuit
• U.S. District Court for the Eastern District of Virginia
-
• Virginia Beach Bar Association
• Virginia Trial Lawyers Association
• Federal Bar Association
• Virginia Bar Association
• American Bar Association
• National Conference of Bar Presidents
• Norfolk-Portsmouth Bar Association
• American Association for Justice (AAJ)
• Southern Trial Lawyers Association (STLA)
-
Atlantic Diving Supply, Inc. V. Kormornik et al, 2024 Va. Cir. LEXIS 125 (Norfolk City August 21, 2024): Won an award of over $2 million in attorney fees and costs. When combined with the underlying judgment (see next summary below), resulted in over $10 million being awarded to the client for damages, fees and costs.
Atlantic Diving Supply, Inc. v. Komornik et al, 2024 Va. Cir LEXIS 29 (Norfolk City March 13, 2024): Won a verdict of over $8 million in a matter involving breaches of various employment duties, civil conspiracy, violations of the Virginia Trade Secrets Act and Computer Crimes Act, and fraud. Spoliation issues were also decided in favor of our client.
Jordan v. School Board of the City of Norfolk, 2023 U.S. Dist. LEXIS 159057 (E.D. Va. 2023): Successfully resisted the defendant’s efforts to have the plaintiff’s entire case dismissed on summary judgment.
Suffolk City School Board v. Wahlstrom, 302 Va. 188 (2023): At trial, won injunctive relief and an award of attorney fees and costs against a school board that violated the Virginia Freedom of Information Act by improperly excluding my client from a public meeting. I successfully defended that result on appeal in the Supreme Court of Virginia.
McKinnon v. Croatan Investments, LLC, 2023 Va. Cir. LEXIS 56 (Virginia Beach City 2023): Successfully argued for the retroactive application of an amended code section that provides remedial relief to employees who have not been paid in accordance with law.
Boyd v. Weisberg, 75 Va. App. 725, 879 S.E.2d 613 (2022): Successfully protected a trial court verdict that awarded significant damages and legal fees in a fraudulent conveyance case.
Jordan v. School Board of the City of Norfolk, 640 F. Supp.3d 431 (E.D. Va. 2022): In an employment case filed on behalf of a school principal, defeated an effort to dismiss her claims of disability discrimination and retaliation.
JTH Tax, LLC v. Leggat, 2022 U.S. Dist. LEXIS 157846 (E.D. Va. 2022): In a dispute between a franchisor and a former franchisee in California, obtained a ruling transferring the litigation to California, notwithstanding franchise agreement provisions purporting to stipulate jurisdiction and venue in Virginia state and federal courts.
Galloway v. County of Northampton, 299 Va. 558, 855 S.E.2d 848 (2021): Won reversal of trial court dismissal of a tax assessment case after the trial judge excluded the plaintiffs’ expert witnesses.
Atlantic Diving Supply, Inc. v. Komornik et al, 2021 Va. Cir. LEXIS 193 (Norfolk City 2021): Prevailed on a contested motion to disqualify opposing counsel and his law firm based on his firm’s prior representation of the plaintiff. Numerous ethics rules and cases were analyzed and argued.
Sheehy v. Williams, 299 Va. 274, 850 S.E.2d 371 (2020): Won a trial court verdict for compensatory and punitive damages, as well as injunctive relief. In defending against the appeal, raised the “voluntary payment doctrine” in a motion to dismiss, resulting in remand for an evidentiary hearing on that issue; the appeal was later dismissed.
Passaro v. Virginia State Police, 935 F.3d 243 (4th Cir. 2019): Won partial reversal and reinstatement of a former state trooper’s discrimination suit against the state police; Issues included sovereign immunity and claim preclusion.
Foley v. Mid-Atlantic Leasing Corp., 2019 Va. Cir. LEXIS 87 (Chesapeake City 2019): Defeated an effort to disqualify defense co-counsel in an intra-company legal dispute involving multiple causes of action. The analysis included legal ethics considerations.
City of Virginia Beach v. Witchduck Lake Enterprises, 2018 Va. Cir. LEXIS 78 (Virginia Beach City 2018): Prevented an effort by the City to stop recreational use of a lake; issues included legal interpretation of zoning ordinances
Lambert v. Sea Oats Condo. Assoc., 293 Va. 245, 798 S.E.2d 177 (2017): Won reversal and remand in an appeal involving a low award of attorney’s fees when the award should have been much higher. The Supreme Court of Virginia’s detailed opinion explaining how awards should be analyzed substantively and handled procedurally remains a leading Virginia opinion on the topic.
Moody v. City of Portsmouth, 2016 Va. Cir. LEXIS 98 (Portsmouth 2016): Represented a member of the Portsmouth City Council and proved that other Council members violated the Virginia Freedom of Information Act’s “open meeting” requirements when they fined him through a secret vote.
L.F. v. Breit, 285 Va. 163, 736 S.E.2d 711 (2013): Won a parentage appeal involving statutory interpretation of in vitro fertilization laws, and convinced the Supreme Court of Virginia to recognize the constitutional right of the sperm donor to due process and participation in decisions involving his child.
Cabral v. Cabral, 62 Va. App. 600, 751 S.E.2d 4 (2013): Won reversal of a trial court ruling that reopened a final decree of divorce and awarded additional money to a party claiming that certain assets were not disclosed; issues included finality of judgments and decrees, jurisdiction of trial judges, contract interpretation, and the elements of fraud.
Judicial Inquiry & Review Commission v. Waymack, 284 Va. 527, 745 S.E.2d 410 (2012): Successfully defended a judge accused by the Judicial Inquiry and Review Commission of violating the Virginia Canons of Judicial Conduct; the Supreme Court of Virginia ruled 7-0 in favor of the judge.
Sales v. Kecoughtan Housing Co., 279 Va. 475, 690 S.E.2d 91 (2010): Won reversal of trial court dismissal of a suit alleging that a landlord and management company injured an elderly man after they engaged in negligent repairs and misrepresented the status of the repairs; the victim was caused near total blindness in one eye; the case later settled.
Tanner v. City of Virginia Beach, 277 Va. 432, 674 S.E.2d 848 (2009): On appeal from the trial court, convinced the Supreme Court of Virginia to find the Virginia Beach noise ordinance to be unconstitutionally vague and in violation of due process rights; this led to the rewriting of noise laws all across Virginia and remains a leading case on due process and vagueness.
Norfolk 302, LLC v. Vassar, 524 F. Supp.2d 728 (E.D. Va. 2007): On behalf of a group of restaurants/bars, obtained preliminary and permanent federal court injunctive relief and a declaration that various provisions in the Virginia Alcoholic Beverage Control Act were unconstitutionally over-broad and unduly vague, thus violating free speech and due process rights; this caused the Virginia General Assembly to rewrite the defective legal provisions, which eliminated a great deal of selective enforcement by ABC agents.
Modern Environments v. Stinnett, 263 Va. 491, 561 S.E.2d 694 (2002): Won and successfully defended a trial court ruling that post-employment restrictions in a noncompete agreement were overly broad and unduly vague, thus making them unenforceable; this remains a leading Virginia opinion on restrictive employment covenants.
Reid v. Boyle, 259 Va. 356, 527 S.E.2d 137 (2000): Won and successfully protected a trial court award of nearly $4 million in an employment-related oral contract case between a concert promoter and his former employer; issues included oral agreements, oral modifications to written agreements and antitrust principles.
-
President 2014-2015, Virginia State Bar
Listed in Virginia Business magazine's "Legal Elite", 2006 to the present
"AV" Peer Review Rated by Martindale-Hubbell, 2/22/2006 to the present
Listed in "Virginia Super Lawyers", 2006 to the present
Listed in "Best Lawyers in America", 2009 to the present
Allen Stone Memorial Run-Swim-Run and 5K Run, Founder and Race Committee Member
Virginia Beach Brave Heart Run-Swim-Run, Founder, Event Coordinator
Virginia Beach Lifesaving Service, Rookie Lifeguard of the Year - 1988; Lifeguard of the Year - 1991
Recipient of the 2025 VSB Education of Lawyers Section “William R. Rakes Leadership in Education Award”
Adjunct Professor, William & Mary Law School, 2016-25
Member, VSB Mandatory Continuing Legal Education Board 2023-present; Vice-Chair, 2024-25; Chair, 2025-present
Member, High Point University School of Law Advisory Board, 2024-present
Member, VSB Education of Lawyers Section Board of Governors 2016-22; Secretary, 2019-20; Chairman, 2020-21
Member, VSB Law School Professionalism Program Faculty (for law students) 2016-present; Co-Chair, 2022-present
Member, National Conference of Bar Presidents executive committee 2021-24; Chairman, Membership Committee 2022-24; Vice-Chair, Non-Dues Revenue Committee, 2022
Member, VSB Professionalism Course Faculty (for new VSB members) 2015-18
Member, Supreme Court of Virginia Judicial Performance Evaluation (“JPE”) Study Committee 2015-24 (appointed by the Chief Justice of the Supreme Court of Virginia)
Fellow, Virginia Law Foundation 2016-present
Member, American Bar Association (“ABA”) Standing Committee on Professionalism 2016-19 (appointed by the ABA President)
Member, Virginia Bar Association Boyd-Graves Conference (nonpartisan legislative “think tank” for legal issues; members selected by vote) 2016-present
Member, Board of Directors, Virginia Judges & Lawyers Assistance Program (“VJLAP” (formerly known as “Lawyers Helping Lawyers”) 2016-22; Fundraising committee 2016-2018; Judicial committee 2016-22; Executive committee 2018-22; Continuing Legal Education committee 2018-22
Member, VSB Bench-Bar Relations Committee 2014-16
Member, VSB Budget & Finance Committee 2011-14
Member, VSB Council (governing body), Second Judicial Circuit, 2007-13
Member, VSB Standing Committee on Legal Ethics 2007-14
Member, VSB Second District Ethics and Disciplinary Committee 1999-2006; Committee Chair 2002-04
Member, Virginia Trial Lawyers Association Board of Governors 2002-04; 2016-present; Co-chair, Ethics & Professionalism Committee 2016-18; Chairman, Employment & Civil Rights Law Section 2002-04; Vice-Chair, Appellate Practice Section 2020-22; Chairman,
Appellate Practice Section 2022-25 Member, Board of Directors, Virginia Beach Surf & Rescue Museum (formerly known as the “Old Coast Guard Station”) 2015-present
Member, Community Advisory Board, WHRO/WHRV (public broadcasting) 2017-20