Michael C. McCarthy
Partner
Member of Firm Governance Committee

Mike McCarthy is a partner in Maslon's Litigation Group and a member of the firm's Governance Committee. He represents clients in complex litigation and appeals. His practice has involved a range of substantive matters, including breach of fiduciary duty, securities and consumer fraud, environmental damage, medical-device liability, and antitrust.

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 Judge Gerald W. Heaney of the U.S. Court of Appeals for the Eighth Circuit and Judge
Louis H. Pollak of the U.S. District Court for the Eastern District of Pennsylvania.



Selected 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 (Washington County District Court, Minnesota). 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).

Professional Activities

American Bar Association: Litigation Section
Federal Bar Association
Minnesota State Bar Association: Publications Committee 2004-2013, Chair 2007-2010; Rules of Professional Conduct Committee since 2004, Chair 2014
Hennepin County Bar Association: Fourth District Ethics Committee, Investigator since 2008
Hennepin County Law Library: Board of Trustees since 2008
Defense Research Institute

PRESENTATIONS

VIEW ALL
"8th Circuit and U.S. Supreme Court Case Law Update," 38th Annual Federal Practice Seminar, Minnesota Chapter of the Federal Bar Association, 2012
January 1, 2012
"Federal Appeals," IP Webcast Series, Minnesota CLE, December 2011
January 1, 2011

Publications

VIEW ALL
Chapter 3 "Appellate Court Jurisdiction," Eighth Circuit Appellate Practice Manual, Minnesota CLE (6th ed. 2013)

Recognition

Selected for inclusion in The Best Lawyers in America®, 2014

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.)

p 612.672.8347   f 612.642.8347
3300 Wells Fargo Center, 90 South Seventh Street
Minneapolis, MN 55402
Bar Admissions
Minnesota
U.S. District Court
  • Minnesota
  • Colorado
  • E.D. Michigan
U.S. Court of Appeals
  • Fifth Circuit
  • Sixth Circuit
  • Seventh Circuit
  • Eighth Circuit
  • Eleventh Circuit
  • Federal Circuit
U.S. Supreme Court
Education
Cornell Law School
J.D., magna cum laude
Honors: Order of the Coif
St. John's University
B.A.
Notable

MIKE WAS SELECTED FOR INCLUSION IN THE BEST LAWYERS IN AMERICA® 2014.

DISCLAIMER
Thank you for your interest in contacting us by email.

Please do not submit any confidential information to Maslon via email on this website. By communicating with us we are not establishing an attorney-client relationship, and information you submit will not be protected by the attorney-client privilege and cannot be treated as confidential. A client relationship will not be formed until we have entered into a formal agreement. You should also be aware that we may currently represent parties whose interests may be adverse to yours, and we reserve the right to continue to represent them notwithstanding any communication we receive from you.

If you would like to discuss possible representation, please call one of our attorneys directly or use our general line (p 612.672.8200). We can then fully discuss our intake procedures and, if appropriate, introduce you to an attorney suited to assist with your matter. Alternatively, you may send us an email containing a general inquiry subject to these terms.

If you accept the terms of this notice and would like to send an email, click on the "Accept" button below. Otherwise, please click "Decline."