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 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.
- 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).
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.)