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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 business entities and individuals in appeals, class actions, business, and intellectual property litigation. Mike's appellate practice has involved a range of substantive matters, including partnership and shareholder disputes, securities and consumer fraud, antitrust, preemption, and constitutional issues.

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

 

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
  • Hennepin County Law Library - Board of Trustees (2008 - present)
Classes Taught
  • “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 the Class Action Fairness Act, electronic discovery, the use of technology in appellate practice, and developments in the law related to arbitration.
Publications
  • The Rise of Credit Card Data Breaches: The Thieves Among Us, (co-author with Margo Brownell and Joseph Ceronsky), 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
  • Recognized on Minnesota Super Lawyers® list, 2003 - 2005 (Minnesota Super Lawyers® is a designation given to only 5 percent of Minnesota attorneys each year.)
  • Recognized on Minnesota Rising Stars® list, 2002 (Minnesota Rising Stars® is a designation given to only 2.5 percent of Minnesota attorneys each year)
  • AV Rating, Martindale-Hubbell. AV, BV, and CV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Experience

Representative Appeals
  • Chicago Title Ins. Co. v. Old Dominion Title Servs. (Minn. Ct. App., Dec. 11, 2007). Obtained reversal of summary judgment on fraud, conversion, and alter ego claims.
  • Schumacher v. Cargill Meat Solutions Corp., 515 F.3d 867 (8th Cir. 2007). Issue of first impression regarding construction of provision of Packers and Stockyards Act.
  • Commandeur LLC v. Howard Hartry, Inc., 724 N.W.2d 508 (Minn. 2007). Obtained reinstatement of appeal found to be untimely by the Court of 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 remedy awarded in partnership dispute involving ownership of Mall of America.
  • Nolan and Nolan v. City of Eagan, 673 N.W.2d 487 (Minn. Ct. App. 2003). Inverse condemnation claims involving flooding of commercial property.
  • SFH, Inc. v. Millard Refrigerated Services, Inc., 339 F.3d 738 (8th Cir. 2003). Limitation of liability for gross negligence in $10 million fire loss.
  • 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.
  • Green Tree Financial Corp.-Alabama v. Randolph, 531 U.S. 79 (2000). Amicus brief for arbitration administrator on scope of and procedures under Federal Arbitration Act.
  • Berreman v. West Publishing Co., 615 N.W.2d 362 (Minn. Ct. App. 2000). Shareholder claims in closely held corporation.
  • McClure v. American Family Mut. Ins. Co., 223 F.3d 845 (8th Cir. 2000). Claims by insurance agents terminated because of lobbying activities.
  • 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.
  • Klehr v. A.O. Smith Corp., 521 U.S. 179 (1997). RICO 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.
  • Regents of the University of Minnesota v. Chief Industries, Inc., 106 F.3d 1409 (8th Cir. 1997). Applicability of statutory economic-loss doctrine.
  • 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
  • Paulson, et al. v. 3M, 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).
  • Microsoft Corp. v. Ion Techs. Corp., 484 F. Supp. 2d 955 (D. Minn. 2007). Violations of federal anti-counterfeiting statute related to computer software.
  • In re Canadian Import Antitrust Litigation, 385 F. Supp. 2d 930 (D. Minn. 2005) Putative antitrust class action against pharmaceutical companies dismissed.
  • Vohs v. Miller, 323 F. Supp. 2d 965 (D. Minn. 2004). Putative securities class action dismissed; insufficient pleading of scienter under PLSRA and SLUSA preemption.
  • HealthPartners, Inc. v. Aetna Health Management, Inc. (D. Minn.). Breach of computer services agreement.
  • Hanson v. Johnson (D. Minn.). Statute of limitations dismissal of claims brought by putative class under section 12(a)(1) of the Securities Exchange Act of 1933.
  • Hou-Tex Trust v. Tuschner & Co. (D. Minn.). Fraud and negligent misrepresentation.
  • Shukla v. United Defense (D. Minn.). Qui tam action under False Claims Act.
  • Mozes v. Medtronic, Inc., 14 F. Supp. 2d 1124 (D. Minn. 1998). Learned intermediary doctrine bars failure-to-warn claims involving prescription medical device.
  • In re Hennepin County 1986 Recycling Bond Litig. (Hennepin County Dist. Ct.). Class action by bondholders alleging contract and good faith and fair dealing claims.
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