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.

Mike has represented clients in the federal and state appellate courts in Minnesota and North Dakota. That work has included not only representing the parties to those appeals but also consulting on appeals and filing amicus curiae briefs in appeals to which his client is not a party.

Mike has defended putative class actions involving securities and consumer fraud, environmental claims, and antitrust and other alleged statutory violations. In addition, he has experience with and expertise in corporate trust matters, technology-related litigation (including patent infringement), and medical-device liability.

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

  • EOG Resources, Inc. v. Soo Line R.R. Co., ___ N.W.2d ___, 2015 ND 187 (2015). Amicus brief on behalf of BNSF Railway Company in dispute involving interpretation of deeds and scope of property interests conveyed to railroad.
  • Marshall v. NFL, 797 F.3d 502 (8th Cir. 2015). Challenge to class-action settlement of claims related to retired players’ publicity rights.
  • Medical Staff v. Avera Marshall, 857 N.W.2d 695 (Minn. 2014). Amicus brief on behalf of Minnesota Hospital Association in dispute involving medical staff bylaws.
  • State of Minnesota v. 3M Co., 845 N.W.2d 808 (Minn. 2014). Challenge to disqualification of opposing counsel.
  • 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.
  • 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

  • U.S. Hotel & Resort Mgmt. v. Onity, Inc., No. 13-1499 (D. Minn. 2014). Dismissal of putative class action alleging design defect in hotel door locks due to lack of injury and therefore no Article III standing.
  • Hennepin Cty. v. Fannie Mae, 933 F. Supp. 2d 1173 (D. Minn. 2013), aff’d, 742 F.3d 818 (8th Cir. 2014). Dismissal of putative class action alleging failure to pay state deed tax in connection with acquisition and sale of mortgages.
  • State of Minnesota v. 3M Co., No. 27-CV-10-28862 (Hennepin Cty. Dist. Ct.). Defense of claims for natural resource damages (2011 to present).
  • Braswell v. Polaris Indus., Inc., 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, 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, No. C2-04-6309 (Washington Cty. Dist. Ct.). 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).
  • In re Canadian Import Antitrust Litig., 385 F. Supp. 2d 930 (D. MInn. 2005), aff’d, 470 F.3d 785 (8th Cir. 2006). Dismissal of putative class action alleging antitrust liability in connection with restrictions on importation of prescription pharmaceuticals purchased from Canadian pharmacies.

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 2008-2014
Hennepin County Law Library: Board of Trustees since 2008
Defense Research Institute
Maslon LLP: Governance Committee Member 2014-present, General Counsel 2014-present

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

North Star Lawyer, Minnesota State Bar Association, 2014 (North Star Lawyer is a designation that recognizes members who provide 50 hours or more of pro bono legal services in a calendar year.)

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
  • North Dakota
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.

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