Michael C. McCarthy
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, intellectual property, corporate trust, environmental claims, and medical-device liability.

Mike has defended class actions in federal and state courts involving claims of environmental claims, 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 2008-2014
Hennepin County Law Library: Board of Trustees since 2008
Defense Research Institute
Maslon LLP: Governance Committee Member 2014-present


"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


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


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
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Minneapolis, MN 55402
Bar Admissions
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
Cornell Law School
J.D., magna cum laude
Honors: Order of the Coif
St. John's University


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