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:
- 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.
EducationEmory University School of Law (J.D., 2003) Michigan State University (B.A., 1998, with honors)
- District of Columbia
- United States Court of Appeals for the Fifth Circuit
- United States District Court for the Eastern District of Virginia
- Best Lawyers in America, Mass Tort Litigation / Class Actions, 2024
- Super Lawyers, Business Litigation, 2023
- 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
Idaho Court Dismisses Innovator Liability Claims Against Novartis for Lack of Specific Personal Jurisdiction
- Pharmaceutical & Medical Device
- July 13, 2020
Firm Secures Voluntary Dismissal with Prejudice for Novartis
Texas District Court Rejects Innovator Claims Against Novartis
Idaho State Court Rejects Innovator Liability Claims Against Novartis
SABIC Granted Summary Judgment from the Bench in Louisiana State Court
Novartis Gets Another Summary Judgment and Daubert Win Shortly Before Trial
Florida Court Dismisses Punitive Damages Claims in Aredia/Zometa Case
Arizona Federal Court Determines Novartis Warnings Adequate and Grants Summary Judgment
Novartis Scores Unanimous Defense Verdict from Florida Jury
Eastern District of New York Excludes Entire Testimony from Plaintiff”s Purported Regulatory and Warnings Expert
- Pharmaceutical & Medical Device
- May 3, 2011
NLJ Top Defense Win for Firm in First Trial of Hernia Repair Mesh Serial Litigation
Insights & Events
Best Lawyers 2024 Recognizes Hollingsworth LLP Attorneysnews | August 17, 2023
Firm Partners Robert Johnston and Matthew Malinowski Speak at NARTC’s 69th Annual Meetingevent | July 26, 2023
Fifteen Hollingsworth LLP Attorneys Named to 2023 Super Lawyersnews | April 24, 2023
Firm Client Lauded for Collaboration Conducting Trial Amid Pandemic in High-Profile Industrial Disasternews | February 2, 2022
Law360: 5th Circuit Won’t Revive Claims Tying Generic Drugs To Diseasenews | February 5, 2021
Hollingsworth LLP Conducts In-Person Civil Jury Trial Amid COVID-19 Pandemicnews | December 28, 2020
Robert Johnston and Matt Malinowski serve as faculty at the National Association of Railroad Trial Counsel (NARTC) trial advocacy college.news | June 1, 2015
Pursuing Sanctions Under 28 U.S.C. § 1927: An Underused Defense Strategypublication | January 28, 2015
By Matthew J. Malinowski for DRI's The Voice.
Law360: Novartis Wins Jury Verdict In Jaw-Injury Suitnews | April 9, 2014
Avoiding the Sideshow: One Trial Judge’s Textbook Application of Daubert to Exclude Dubious Testimonypublication | June 3, 2011
Washington Legal Foundation's Legal Backgrounder (June 3, 2011) (Matthew J. Malinowski)