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Michael C. McCarthy 
Partner

p 612.672.8347
f612.642.8347
mike.mccarthy@maslon.com

3300 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402

Mike McCarthy is a partner in Maslon's Litigation Group. He represents clients in appeals, class actions, business disputes, and intellectual property litigation. Mike's appellate practice has involved a range of substantive matters, including breach of fiduciary duty, securities and consumer fraud, antitrust, preemption, and constitutional issues.

Mike has defended class actions in federal and state courts involving claims of environmental damage, medical-device liability, securities and consumer fraud, constitutional rights, and antitrust violations. In addition, he has experience with and expertise in technology-related litigation (including patent infringement) and electronic discovery.

Before joining Maslon, Mike served as a law clerk to the Honorable Gerald Heaney of the U.S. Court of Appeals for the Eighth Circuit and the Honorable Louis H. Pollak of the U.S. District Court for the Eastern District of Pennsylvania.

 

Areas of Practice
  • Litigation
  • Appeals
  • Business Litigation
  • Class Actions
  • Mass Torts, MDL and Class Actions
  • Intellectual Property Litigation
Education
  • Cornell Law School, Ithaca, New York
    J.D.
    Honors: magna cum laude
    Honors:  Order of the Coif
    Law Review: Cornell Law Review, Articles Editor
  • Saint John's University, Collegeville, Minnesota
    B.A.
Bar Admissions
  • Minnesota
  • U.S. District Court District of Colorado
  • U.S. District Court District of Minnesota
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 6th Circuit
  • U.S. Court of Appeals 7th Circuit
  • U.S. Court of Appeals 8th Circuit
  • U.S. Court of Appeals 11th Circuit
  • U.S. Court of Appeals Federal Circuit
  • U.S. Supreme Court
Professional Associations and Memberships
  • American Bar Association - Member; Litigation Section
  • Minnesota State Bar Association - Member; Publications Committee (chair, 2007 - 2010; member, 2004 - present); Rules of Professional Conduct Committee (2004 - present)
  • Hennepin County Bar Association - Member; Fourth District Ethics Committee (investigator/member, 2008 - present)
  • Hennepin County Law Library - Board of Trustees (2008 - present)
  • Defense Research Institute - Member
  • Minnesota Defense Lawyers Association - Member
Classes Taught
  • “8th Circuit and U.S. Supreme Court Case Law Update”, 38th Annual Federal Practice Seminar, Minnesota Chapter of the Federal Bar Association, 2012
  • “Federal Appeals,” IP Webcast Series, Minnesota CLE, December 2011
  • Adjunct Professor, William Mitchell College of Law, “Recent Supreme Court Decisions,” 2006 - 2008; “Remedies,” 1998 - 2000; “Legal Writing,” 1997 - 1998
  • CLE presentations on appeals, class actions, electronic discovery, and developments in the law related to arbitration
Publications
  • Appellate Court Jurisdiction, Eighth Circuit Practice Manual, Minnesota CLE (6th ed. 2013)
  • The Rise of Credit Card Data Breaches: The Thieves Among Us, (co-author with Margo Brownell and Joseph Ceronsky), Minnesota Lawyer, June 1, 2012; ON Litigation, Vol. 3, Summer 2011
  • Disposition of Appeal, Eighth Circuit Practice Manual, Minnesota CLE (4th ed. 2007; 5th ed. 2010)
  • Manage Your Electronic Data or Risk Litigation Disaster, ON Litigation, Vol. 2, Winter 2009
  • The Class Action Fairness Act of 2005 - Congress Again Wades into Complex Litigation Matters, (co-author with David F. Herr), 228 F.R.D. 673 (2005)
  • Thinking Outside the Box: Recent Developments in Electronic Discovery, Bench and Bar of Minnesota, Vol. 61, No. 11, 2004
  • Amici Curiae: Not Just Friends of the Court Anymore, (co-author with David F. Herr), Prac. Litigator, May 1998
Honors and Awards
  • AV Preeminent, Martindale-Hubbell® (AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell® certification procedures, standards and policies.)

Experience

Representative Appeals
  • In re Canadian Import Antitrust Litigation, 470 F.3d 785 (8th Cir. 2006), aff'g 385 F. Supp. 2d 930 (D. Minn. 2005). Dismissal of putative nationwide antitrust class action involving prescription pharmaceuticals.
  • Triple Five of Minnesota, Inc. v. Simon, 404 F.3d 1088 (8th Cir. 2005). Reversal of order transferring ownership of substantial interest in Mall of America as remedy for fiduciary duty breach in partnership dispute between owners.
  • Bonzel v. Pfizer Inc. (Minn. Ct. App., July 29, 2003). Dismissal of claims involving patent license on grounds of forum non conveniens.
  • Gratz v. Bollinger, 539 U.S. 244 (2003) and Grutter v. Bollinger, 539 U.S. 306 (2003). Constitutionality of race-based preferences in university and law school admissions.
  • Brooks v. Howmedica, Inc., 273 F.3d 875 (8th Cir. 2001) (en banc). State law claims involving prescription medical device preempted.
  • Bruggeman v. Jerry's Enterprises, Inc., 591 N.W.2d 705 (Minn. 1999). Reversal of summary judgment because merger doctrine inapplicable to option to repurchase land.
  • Narum v. Faxx Foods, Inc., 590 N.W.2d 454 (N.D. 1999). Affirming dismissal of securities fraud claims as barred by statute of limitations.
  • Minnesota Mining and Manufacturing Co. v. Nishika Ltd., 565 N.W.2d 16 (Minn. 1997). Obtained ruling resulting in reversal of $30 million award under UCC warranty.
  • In re Minnesota Asbestos Litigation, 552 N.W.2d 242 (Minn. 1996). Dismissal of claims against Australian asbestos supplier for lack of personal jurisdiction.
Representative Cases in District Courts
  • State of Minnesota et al. v. 3M Company, 27-CV-10-28862 (State of Minnesota, Hennepin County District Court). Defense of claims for natural resource damages (2011 to present).
  • Braswell v. Polaris Indus., Inc., Civil No. 09-2919 (D. Col. 2009). Defense of putative nationwide class action alleging warranty and consumer fraud claims related to snowmobile engines.  
  • Williams v. Geithner, Civil No. 09-1959 (D. Minn. 2009). Dismissal of putative class action alleging due process violations related to implementation of mortgage modification program.
  • Paulson et al. v. 3M Company, C2-04-6309 (State of Minnesota, Washington County District Court). Defeated motion seeking class certification of a 67,000 member putative class claiming chemical exposure via drinking water contamination (2007) and obtained a defense verdict on the merits after a seven-week jury trial (2009).
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