Mike McCarthy represents business entities and individuals in appeals, class actions, and business litigation. He has handled a wide range of disputes on appeal, including partnership and shareholder claims, public policy limitations on tort liability, preemption of state-law claims involving prescription medical devices, the Federal Arbitration Act, constitutional issues, and employment-related disputes. In addition, he has substantive expertise in fraud- and technology-related litigation.
Mike has defended class actions in federal and state courts involving claims of securities fraud, consumer fraud, antitrust violations, medical-device liability, and environmental exposure. These representations include his appointment, in 2004, as defendants' liaison counsel for eight pharmaceutical companies who had been sued in a putative antitrust class action.
Cornell Law School, Ithaca, New York,
1992, J.D. Honors: Magna Cum Laude
Honors: Order of the Coif
Law Review:
Articles Editor, Cornell Law Review, 1991 - 1992
Law Review:
Cornell Law Review, 1990 - 1992
St John's University, Collegeville, Minnesota,
1988, B.A. Major: English
Mike McCarthy
Experience
Representative Appeals
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) (preemption of state-law claims involving prescription medical device)
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) (applicability of merger doctrine to option to repurchase land)
Narum v. Faxx Foods, Inc., 590 N.W.2d 454 (N.D. 1999) (statute of limitations for securities fraud claims)
Klehr v. A.O. Smith Corp., 521 U.S. 179 (1997) (RICO statute of limitations accrual and tolling)
Minnesota Mining and Manufacturing Co. v. Nishika Ltd., 565 N.W.2d 16 (Minn. 1997) ($30-million claim 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) (lack of personal jurisdiction over Australian supplier of raw asbestos)
Representative Cases in District Courts
Palmer v. 3M Company (Washington Cty. Dist. Ct.) (putative class action involving claims of chemical exposure)
In re Canadian Import Antitrust Litigation, 385 F. Supp. 2d 930 (D. Minn. 2005) (dismissal of putative class action alleging antitrust violations by pharmaceutical companies)
Hammitt v. Medtronic, Inc. (Anoka Cty. Dist Ct.) (putative class action alleging consumer fraud claims involving prescription medical devices)
Vohs v. Miller, 323 F. Supp. 2d 965 (D. Minn. 2004) (dismissal of putative securities class action for insufficient pleading of scienter under PLSRA and preemption under SLUSA)
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.) (claims of 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 Cty. Dist. Ct.) (class action by bondholders alleging breach of contract and of covenant of good faith and fair dealing)
