Matthew J. Malinowski

Not only is Matt Malinowski seasoned at representing clients in highly complex, “bet the company” trials and litigation, but he also excels at masterminding the case strategy and skillfully orchestrating results. An avid sports enthusiast, Matt’s competitive nature makes him quick on his feet, and allows him to excel under pressure and improvise on the fly.

Defending corporate clients in serial mass tort litigation and trials, including both state and federal multi-district litigation, Matt specializes in the areas of:

• medical device and pharmaceutical products liability defense
• multiple plaintiff serial trials and related litigation
• high-stakes financial and commercial contract disputes
• high-dollar lost business value and business interruption claims
• putative class action and mass groundwater and soil contamination cases

With a wealth of experience in high-stakes litigation, Matt has tried cases in state and federal courts and has handled every level of trial advocacy, from voir dire all the way through closing, often in so-called “judicial hellhole” jurisdictions. In addition to his extensive trial work, he has copious experience conducting summary judgment and Daubert dispositive motions hearings, both pre-trial and during trial, in courts throughout the country. Matt often shares his knowledge and experience through presentations related to ethical and strategic trial strategies in high-profile litigation.

Often described as tenacious and a straight shooter, Matt has developed a niche in successfully defending brand-name pharmaceutical companies against so-called “innovator liability” claims by plaintiffs allegedly injured from exposure to generic drugs. Also in the pharmaceutical arena, Matt successfully tried for a large pharmaceutical company a case on remand from one of the most active federal MDLs, achieving a defense verdict in Florida.

Some of Matt’s higher profile and more notable cases include the following:

• Matt is a trial team partner in a major natural resource damages case involving claims of negligence and ecological harm in which the State is seeking hundreds of millions of dollars in economic compensation and primary restoration.
• As lead trial counsel for one of the world’s largest petrochemical companies in serial state-court trials in Iberville Parish, Louisiana stemming from a plant explosion, involving multiple personal injury cases, and subsequent two-year plant shutdown, Matt has actively prosecuted commercial contract claims against a company that formerly co-owned and operated the plant under both breach of contract and contractual indemnification causes of action with hundreds of millions of dollars at stake.
• Matt represented an industry sponsored recycling program as lead counsel in an antitrust case pending in California.
• He represented a large firm client in the defense of a substantial lost business value and business interruption case stemming from a train derailment at an industrial plant site, in which the plaintiff company sought hundreds of millions of dollars in alleged damages.
• Having represented a medical device manufacturer in serial litigation involving surgical mesh used to repair hernias, Matt was part of the trial team for the first jury trial in that litigation, which resulted in a complete defense verdict that was subsequently named by The National Law Journal as one of the year’s “Top Ten Defense Wins.”

Another aspect to Matt’s practice includes advising clients on employment and labor controversies both before and after litigation has ensued. Representing corporate clients in extra-jurisdictional document production disputes involving internal employment files and highly sensitive corporate documents and assessments, he also counsels clients on the proper handling and best practices associated with different garnishment proceedings. Matt leads interviews of potential corporate witnesses to develop a detailed understanding of the underlying facts necessary to present the best possible corporate liability litigation defense.

A “lifer“ at the firm, Matt started as a paralegal and worked his way up through the ranks of summer associate to partner. His consistent presence and service to Firm clients has allowed him to develop close relationships built on a unique and unwavering trust.