Professional Park at Pleasant Valley
5540 Munford Road • Suite 101
Raleigh, North Carolina 27612


(919) 789-4677

About Us

    The Bar Register Of Preeminent Lawyers (Martindale-Hubbell, 81st ed.1996 and subsequent editions through 2008) recognize Marvin. A Martindale-Hubbell November 7, 1991 letter states Marvin has been "awarded the Martindale-Hubbell Law Directory's highest accolade: an AV rating [which] is a public confirmation of the status [he has] achieved as a highly respected, ethical member of the Bar [and] signifies that [his] legal abilities are of the very highest standard and that [his] professional ethics and conduct are above question."

    Marvin worked his way through the University of Miami graduating cum laude in three years as a Philosophy major in 1961. He received a Woodrow Wilson Fellowship and a National Defense Education Act Fellowship for graduate study in Philosophy at the University of North Carolina at Chapel Hill where he attended from 1961 to 1965 and received a Ph.D. in Philosophy in 1970. He was an Adjunct Professor at the University’s School of Law during 1982-83 and a Visiting Lecturer in Philosophy at the University in 1995. Marvin was a philosophy professor at Southern Methodist University from 1965 to 1969 and at the University of Toronto from 1969 to 1973. His university positions were largely devoted to teaching ethics, political theory, and legal philosophy. Marvin graduated from Duke University School of Law and was admitted to the North Carolina Bar in 1975.

    Marvin Schiller is Co-Class counsel in the largest recovery for federal constitutional violations of disability retirement benefits in the history of the Nation. Four class action cases commencing in 1990 challenged statutes enacted in 1982 and 1988 adversely altering retirement contracts for disabled teachers, firefighters, law enforcement officers, other state and local government employees, and their survivor beneficiaries. The statutes substantially diminished the retirement benefits for about 5,000 disabled employees and their survivor beneficiaries. A violation of the impairment clause of Article I Section 10 of the United States Constitution was proven at a two-week bench trial in 1995. The North Carolina Supreme Court affirmed the trial court in Faulkenbury v. Teachers’ and State Employees’ Retirement System of North Carolina, 345 N.C. 683, 483 S.E.2d 422 (1997).

    Marvin began North Carolina’s seminal impairment of contract case on July 1, 1985, by filing Simpson v. N.C. Local Gov't Employees' Retirement System, 88 N.C. App. 218, 363 S.E.2d 90 (1987), aff'd per curium, 323 N.C. 362, 372 S.E.2d 559 (1988). The legacy of Simpson and Faulkenbury is their vindication of the United States Constitution’s protection of the vested retirement benefit formulae for the endless number of North Carolina’s current and future teachers, firefighters, law enforcement officers, other local and state government employees, service retirees, disabled retirees, and their survivor beneficiaries. Prior to Simpson, appellate case law in North Carolina held that the formulae for retirement benefits of public employees do not vest until retirement and are legally changeable by the State anytime before the date of the employee’s retirement. This erroneous appellate case law was first changed by Simpson and was later entirely reversed and repudiated in Faulkenbury.

    Marvin began North Carolina’s seminal impairment of contract case on July 1, 1985, by filing , 88 N.C. App. 218, 363 S.E.2d 90 (1987), , 323 N.C. 362, 372 S.E.2d 559 (1988). The legacy of and is their vindication of the protection of the vested retirement benefit formulae for the endless number of North Carolina’s current and future teachers, firefighters, law enforcement officers, other local and state government employees, service retirees, disabled retirees, and their survivor beneficiaries. Prior to , appellate case law in North Carolina held that the formulae for retirement benefits of public employees do not vest until retirement and are legally changeable by the State anytime before the date of the employee’s retirement. This erroneous appellate case law was first changed by and was later entirely reversed and repudiated in .

    Marvin has been co-counsel in three other million dollar cases: Horton v. Merrill Lynch, No. 5:91-CV-276-D (E.D.N.C. 1991)($3.5 million settlement in federal class action securities case); University of North Carolina at Chapel Hill Philosophy Department v. the University of North Carolina at Chapel Hill, ($6.3 million settlement in 2000); and Lorbacher v. City of Raleigh Housing Authority, (jury returned a verdict in excess of $1.3 million).

    Marvin’s other precedent cases include: State v. Freeman, 302 N.C. 591, 276 S.E.2d 450 (1981)(reversing the 200 year common law rule precluding adverse spousal testimony in a criminal case) and State v. Sanders, 33 N.C.App. 284, 235 S.E.2d 94 (1977)(establishing greater protection against misidentification under North Carolina’s statutory procedure for a "show up" identification of a criminal suspect than afforded by the United States Constitution).

    Marvin has received unsolicited praise from a wide spectrum of jurisprudential thinkers. Retired Chief Judge S. Gerald Arnold of the North Carolina Court of Appeals stated that Marvin's brief was "excellent" in State v. Sanders, 33 N.C.App. 284, 235 S.E.2d 94 (1977). Retired Chief Justice James G. Exum, Jr. of the Supreme Court of North Carolina noted Marvin’s "vigorous and able representation" in Nova University v. Board of Governors of the University of North Carolina, 305 N.C. 156, 287 S.E.2d 872 (1982). Willis P. Whichard, retired North Carolina Supreme Court Justice, cited Marvin’s article "On The Jurisprudence Of The Fifth Amendment Right To Silence," 16 American Criminal Law Review 197 (1979) in State v. Hunt, 72 N.C.App. 59, 323 S.E.2d 490 (1984). U.S. District Court Judge W. Earl Britt in Walker v. State of North Carolina, 93-104-CIV-5-BR (E.D.N.C. 1994) stated that Marvin is "a recognized expert in the field of employment law in this area" and "did an outstanding job in representing [an equal pay litigant]." In Napier v. Wells Fargo Home Mortgage, 01-CV-181-H(2) (E.D.N.C. 2001), U.S. Magistrate Judge Alexander B. Denson commended Marvin’s "excellent" brief.

    Marvin began North Carolina’s seminal impairment of contract case on July 1, 1985, by filing , 88 N.C. App. 218, 363 S.E.2d 90 (1987), , 323 N.C. 362, 372 S.E.2d 559 (1988). The legacy of and is their vindication of the protection of the vested retirement benefit formulae for the endless number of North Carolina’s current and future teachers, firefighters, law enforcement officers, other local and state government employees, service retirees, disabled retirees, and their survivor beneficiaries. Prior to , appellate case law in North Carolina held that the formulae for retirement benefits of public employees do not vest until retirement and are legally changeable by the State anytime before the date of the employee’s retirement. This erroneous appellate case law was first changed by and was later entirely reversed and repudiated in .
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