Education

  • Michigan State University (B.A., 1998, 
    with honors
  • Emory University School of Law 
    (J.D., 2003)

Admissions

  • District of Columbia and Virginia
  • United States District Court for the Eastern District of Virginia

Precedents

Opinions

Matthew J. Malinowski focuses his practice on highly complex, "bet the company" trials and litigation.  He has defended corporate clients in serial mass tort litigation and trials, including both state and federal multi-district litigation.  He specializes in the areas of medical device and pharmaceutical products liability defense, multiple plaintiff serial trials and related litigation, high-stakes financial disputes including lost business value and business interruption claims, and putative class action and mass groundwater and soil contamination cases.

Mr. Malinowski has a wealth of experience in all levels of high-stakes litigation.  He has tried cases as co-lead trial counsel in state and federal courts.  He has handled every level of trial advocacy, including picking juries, in so-called “Judicial Hellhole” jurisdictions.  He has extensive experience in cross and direct examinations of fact and expert witnesses at trial, as well as conducting summary judgment and Daubert dispositive motions hearings, both pre-trial and during trial, in courts throughout the country.

In 2014, he 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 after the jury deliberated for less than 45 minutes following a three-week trial.  In that same litigation, he obtained summary judgment on various different independent legal grounds in multiple cases, including specific causation, general causation, and adequacy of the drug’s warning.  He has also obtained a dispositive Daubert victory excluding a serial causation expert’s opinion in its entirety as unreliable.

In the last ten months, Mr. Malinowski has selected three different juries and served as co-lead trial counsel in serial state-court trials in Iberville Parish, Louisiana involving alleged personal injuries following a petrochemical plant explosion.

Mr. Malinowski regularly advises clients on various employment and labor controversies both before and after litigation has ensued.  He represents corporate clients in extra-jurisdictional document production disputes involving internal employment files and other highly sensitive corporate documents and assessments.  He also counsels clients on the proper handling and best practices associated with different garnishment proceedings throughout the country.  He leads interviews of potential corporate witnesses both before and after lawsuits are filed to develop a detailed understanding of the underlying facts necessary to present the best possible corporate liability litigation defense.

Mr. Malinowski has been heavily involved in some of the Firm’s most notable recent cases.  He currently represents an industry sponsored recycling program as co-lead counsel in an anti-trust case pending in California, and a large international chemical manufacturing company in consolidated litigation in Louisiana state court involving hundreds of purported personal injury claims stemming from a petrochemical manufacturing plant fire and related insurance coverage disputes.  Mr. Malinowski helped obtain a voluntary dismissal for the Firm’s client in the first group of cases set to be tried, and has served as co-lead counsel on multiple subsequent trials and related mediation efforts.

Mr. Malinowski 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.  In that case, he helped develop deposition and trial cross-examination outlines for the most critical financial expert and fact witnesses in the case, including the Chief Executive Officer and primary shareholder of the plaintiff company.  He was part of the core trial team that was present for the entire trial of that case, which was tried in the United States District Court for the District of South Carolina and lasted just one out of an anticipated three months before the parties reached a confidential settlement.

Mr. Malinowski also represented a medical device manufacturer in serial litigation involving surgical mesh used to repair hernias, and 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."  He has actively participated in both pre-filing and post-filing investigations and corporate witness interviews regarding a recalled product for the same client, and helped develop winning litigation strategies from the ground up based on these investigations.

Mr. Malinowski has experience conducting extensive jury selection in state courts, often against high-profile local plaintiffs’ attorneys.  He has experience handling every aspect of trial practice.  He regularly conducts trial examinations of experts in medical, economic, financial, petrochemical, environmental disciplines, and corporate witnesses.  He has conducted affirmative direct examinations of corporate witnesses at trial, and has defended employees in numerous depositions.  He also has prepared pre-trial mock jury presentations and represented some of the Firm’s largest clients in high-stakes mediations.  He has been instrumental in the successful resolution of many of the Firm’s complex cases, including Daubert summary dispositions and trials.

Mr. Malinowski is an active member of the National Association of Railroad Trial Counsel (NARTC).  He currently serves as a member of the executive committees on preemption and program issues for NARTC, and serves as a faculty member instructor for the NARTC’s Annual Trial College — an intensive six-day trial techniques course attended by attorneys throughout the country.  He has also given numerous presentations on various topics at NARTC special litigation conferences throughout the country, including ethical and strategic litigation concerns in multi-plaintiff actions following high profile derailments and chemical spills.

Mr. Malinowski is also a member of the Defense Research Institute and The John Carroll Society.  He was a summer associate at the Firm in 2001 and 2002, practiced as an associate beginning in 2003, and became a partner in early 2011.

Publications

  • Pursuing Sanctions Under 28 U.S.C. Ā§ 1927: An Underused Defense Strategy
  • And the Defense Wins: DRI's The Voice recognizes Matthew J. Malinowski in win before trial.
  • And The Defense Wins: DRI's The Voice recognizes Firm partner in summary judgment win for Novartis.
  • Avoiding the Sideshow: One Trial Judge's Textbook Application of Daubert to Exclude Dubious Testimony
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