Services
Education
Emory University School of Law (J.D., 2003) Michigan State University (B.A., 1998, with honors)Admissions
- District of Columbia
- Virginia
- United States Court of Appeals for the Fifth Circuit
- United States District Court for the Eastern District of Virginia
Accolades
- “Matthew Malinowski is the kind of litigator who’s very seasoned, knows the systems very well and knows how to be effective. He clearly has a killer instinct in litigation. Although, if we had to take a different approach, he was very flexible and amenable to our needs and wants as a company. He was super helpful.”
–-Client | Chambers USA - “Matthew Malinowski’s client service and general level of service, level of sophistication, commercial awareness, and vision are all very strong. He is an excellent, first-rate trial lawyer. He developed comprehensive case strategy and assembled a high-quality team to execute that strategy. He is a very clear, persuasive and articulate speaker.”
–Client | Chambers USA - “Matt is experienced beyond his years. He is a fierce trial attorney who is not afraid to handle significant cases in unfavorable jurisdictions.”
–Client | Chambers USA - “[Matt] is an amazing litigator with a solid understanding of the goals and interests of clients.”
–Client | Chambers USA - “Matthew Malinowski is a smart cookie. He is tenacious, clear speaking, persuasive and quick to get to the point. He is very good.”
–Third Party | Chambers USA - Best Lawyers in America, Mass Tort Litigation / Class Actions-Defendants, 2024 and 2025
- Super Lawyers, Business Litigation, 2023 and 2024
Memberships
- Defense Research Institute (DRI), Member, 2004 – Present
- The John Carroll Society, 2009 – Present
- National Association of Railroad Trial Counsel (NARTC), 2007 – Present
— Executive Committees on Preemption and Program Issues, Member
— Annual Trial College, Faculty Member Instructor
Insights & Events
Two recent opinions illustrate how pivotal courts' views on standing will be for product liability litigation involving PFAS — particularly consumer claims.
Matthew Malinowski, Gary Feldon, and Sebastian Ovalle say a new wave of PFAS litigation has begun; if it gains momentum, it could be the biggest yet.
Bloomberg Law: Agency Challengers Get a More Even Playing Field Post-Chevron
publication | July 2, 2024Firm partners Gary Feldon, Matthew Malinowski, and Sebastian Ovalle analyze the impact of the end of Chevron deference.
"Overruling Chevron will represent a dramatic decrease in the authority wielded by federal agencies," say Gary Feldon and Matthew Malinowski for Law.com.
Congratulations to all of our Super Lawyers and Rising Stars
Firm Partners Robert Johnston and Matthew Malinowski Speak at NARTC’s 69th Annual Meeting
event | July 26, 2023Firm partners Robert Johnston and Matt Malinowski spoke at the 69th annual meeting of the National Association of Railroad Trial Counsel (NARTC) in Boulder, CO. They presented on replication errors in their presentation “Alternative Cause and…
The Firm congratulates fifteen attorneys named as 2023 Super Lawyers and Rising Stars for Washington, DC. The annual publication lists the top five percent of attorneys in each state, as chosen by their peers through a…
Firm Client Lauded for Collaboration Conducting Trial Amid Pandemic in High-Profile Industrial Disaster
news | February 2, 2022During the height of the COVID-19 pandemic, the firm conducted an in-person jury trial of one of the highest-profile industrial disasters in American history. We were privileged to work with Frank Monago, SABIC's Senior Counsel for Litigation and Compliance.
In innovator liability case win, Firm client Novartis Pharmaceuticals is represented by Robert Johnston, Matt Malinowski, and Shannon Proctor.
Hollingsworth LLP Conducts In-Person Civil Jury Trial Amid COVID-19 Pandemic
news | December 28, 2020In November 2020, Matthew Malinowski appeared in the 18th Judicial District Court in Iberville Parish, Louisiana as co-lead counsel (along with Tony Clayton of Clayton, Fruge and Ward) on behalf of SABIC Petrochemicals for the first…
Cases
The Zometa Cases
- Precedent
- Pharmaceutical & Medical Device
- Products Liability & Toxic Torts
- Class Action Defense
- January 27, 2015
The core business model for products-liability plaintiffs’ lawyers depends increasingly on first amassing an inventory of claimants via consolidated state and federal proceedings, and then threatening big verdicts in early trials involving cherry-picked claims in favorable…
It was the largest single tort case in South Carolina history: Textile manufacturer Avondale Mills and its property insurer, Factory Mutual, sought costs of remediation and business interruption of over $500 million plus punitive damages from…
Federal Court Grants Daubert and SJ Motions to General Motors in PCB Lawsuit
- Precedent
- Environmental
- Products Liability & Toxic Torts
- October 1, 2006
In 2001 and again in 2003, Firm client General Motors Corporation entered into formal agreements with the U.S. EPA to investigate and remediate PCB-contaminated land surrounding GM’s die-casting plant in Bedford, Indiana. The 2003 agreement required…
5th Circuit Affirms Novartis Summary Judgment in Tegretol Innovator Liability Case
- Case
- Pharmaceutical & Medical Device
- Products Liability & Toxic Torts
- February 5, 2021
The Fifth Circuit affirmed Novartis’s summary judgment win in Johnson v. Novartis Pharm. Corp., No. 20-50462 (5th Cir. Feb. 5, 2021). The court, in an opinion issued without oral argument, affirmed the Western District of Texas’s…
Idaho Court Dismisses Innovator Liability Claims Against Novartis for Lack of Specific Personal Jurisdiction
- Case
- Pharmaceutical & Medical Device
- July 13, 2020
The District Court of the Fourth Judicial District of the State of Idaho dismissed an innovator liability claim against Firm client Novartis Pharmaceuticals Corporation (“NPC”) for lack of specific personal jurisdiction. The court found that NPC’s…
Firm Secures Voluntary Dismissal with Prejudice for Novartis
- Case
- Pharmaceutical & Medical Device
- Products Liability & Toxic Torts
- June 29, 2020
In a case involving terbutaline sulfate, the Firm secured a voluntary dismissal with prejudice for Firm client Novartis Pharmaceuticals Corporation. Pending in the U.S. District Court for the Southern District of Mississippi, plaintiff brought the case…
A Texas district court judge concluded that plaintiff failed to state a claim under Texas law for innovator liability-styled claims against Novartis Pharmaceuticals Corporation. On May 7, 2020, Chief Judge Orlando L. Garcia of the District…
Idaho State Court Rejects Innovator Liability Claims Against Novartis
- Case
- Pharmaceutical & Medical Device
- Products Liability & Toxic Torts
- September 25, 2019
An Idaho state court judge concluded that plaintiffs failed to state a claim under Idaho law for innovator liability-styled claims against Novartis Pharmaceuticals Corporation. This is the first Idaho court to consider whether the state would…
Firm partner Matthew Malinowski appeared in the 23rd Judicial District Court in Ascension Parish, Louisiana to argue SABIC Petrochemicals’ motion for summary judgment. The case involved numerous personal injury claims brought by contract workers allegedly injured…
Novartis Gets Another Summary Judgment and Daubert Win Shortly Before Trial
- Case
- Pharmaceutical & Medical Device
- Products Liability & Toxic Torts
- July 2, 2014
Garrison v. Novartis Pharm. Corp., 2:11-cv-00589 (M.D. Ala. July 2, 2014)
Florida Court Dismisses Punitive Damages Claims in Aredia/Zometa Case
- Case
- Pharmaceutical & Medical Device
- Products Liability & Toxic Torts
- June 16, 2014
Novartis Pharmaceuticals secured dismissal of punitive damages demands in the Middle District of Florida, joining the vast majority of other courts in the Aredia/Zometa litigation in holding that New Jersey law governs the question of punitive…
Arizona Federal Court Determines Novartis Warnings Adequate and Grants Summary Judgment
- Case
- Pharmaceutical & Medical Device
- Products Liability & Toxic Torts
- July 2, 2013
The U.S. District Court for the District of Arizona granted Novartis Pharmaceuticals Corporation’s (“NPC”) motion for summary judgment based on adequacy of warnings and lack of proximate (or “warnings”) causation in D’Agnese v. Novartis Pharm. Corp.,952…
Novartis Scores Unanimous Defense Verdict from Florida Jury
- Case
- Pharmaceutical & Medical Device
- Products Liability & Toxic Torts
- April 9, 2013
After deliberating for fewer than forty-five minutes, a federal jury in Tampa, Florida returned a unanimous verdict in favor of Novartis Pharmaceuticals Corporation in a 3-week trial involving Aredia and Zometa, bisphosphonate medicines used to treat…
Eastern District of New York Excludes Entire Testimony from Plaintiff”s Purported Regulatory and Warnings Expert
- Case
- Pharmaceutical & Medical Device
- May 3, 2011
Hogan v. Novartis Pharm. Corp., 1:06-cv-00260-BMC-RER (E.D.N.Y. May 3, 2011)
NLJ Top Defense Win for Firm in First Trial of Hernia Repair Mesh Serial Litigation
- Case
- Pharmaceutical & Medical Device
- Products Liability & Toxic Torts
- June 10, 2004
Most reasonably complex products liability cases take two to four weeks to try. A case like Crowson v. Davol Inc. – where plaintiff claimed that defective surgical mesh used to repair an inguinal hernia caused him…