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Attorneys

     Kevin J. McCarthy

     Michael J. Winkelman

     Shireen Jayatilaka


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Personal:

Date of Birth: September 26, 1969

Birthplace: Long Beach, New York

Marital Status: Married, Three Children

Education:

University of Baltimore School of Law, Baltimore, Maryland Juris Doctor, May 1997. University of Aberdeen, Aberdeen, Scotland. Summer abroad program in comparative law, June - August 1995.

Washington College, Chestertown, Maryland Bachelor of Arts, Political Science, May 1991. Oxford University, Oxford, England. Junior Year Abroad, October 1989 - June 1990

Legal Experience:

  • McCarthy & Winkelman, L.L.P., Partner, May 2005 - Present

  • McCarthy & Costello, L.L.P., Associate, December 2002 - May 2005

  • McCarthy, Bacon & Costello, L.L.P. Associate, August 1998 - December 2002

  • Legal Advice Line, L.L.C. - Director of Sales and Marketing, June 2001 - June 2002

  • Honorable Steven I. Platt, Circuit Court for Prince George’s County - Law Clerk, August 1997 - August 1998

  • Honorable F. Kirwan Wineland, Chairman, Prince George’s County Council - Legislative Aide, November 1991 - December 1994

Michael practices complex civil litigation in State and Federal Courts throughout Maryland and select other jurisdictions. He has extensive appellate experience having argued cases in front of the United States Court of Appeals for the Fourth Circuit, the Maryland Court of Appeals and the Maryland Court of Special Appeals.

Michael represents clients in a variety of complex civil matters. He has extensive experience with high profile matters and dealing with the media in such matters. He became a member of the Million Dollar Advocates forum at the age of 35 and has secured several substantial awards since that achievement. His primary representation is on behalf of persons injured or otherwise affected by medical malpractice, products liability, wrongful death, motor vehicle accidents and police brutality/civil rights matters. He also represents select corporate/institutional clients on matters including telecommunications disputes, class actions, contracts and insurance coverage issues.

Michael derives a majority of his business from other attorneys through either referrals or co-counsel arrangements. He assists fellow members of the bar in maximizing the value of cases for themselves and their clients.

Memberships:

  • Maryland Lawyers Trial Association

  • Maryland State Bar Association

  • Prince George’s County Bar Association

  • Million Dollar Advocates Forum

Admitted to Practice Before:

  • Court of Appeals of Maryland

  • Superior Court for the District of Columbia

  • United States District Court for the District of Maryland

  • United States Court of Appeals for the Fourth Circuit

Lectures and Presentations:

Michael has been invited to speak to State and Local Bar Associations in various States on a number of topics including Civil Rights Litigation, Handling the Media in Litigation, E-filing and Ethical Considerations for Online Legal Services.

Significant Litigation:

Michael has tried over one hundred cases to verdict before judges and juries. Following is a representative list of cases he has litigated.

Cawood, et al. v. PEPCO, et al.

Circuit Court for Prince George’s County, Maryland

Case CAL06-09784

The Plaintiffs were life long employees of PEPCO. In September 2005 PEPCO ordered an investigation/surveillance be conducted on the Plaintiffs after allegedly receiving an anonymous complaint. The Plaintiffs discovered the surveillance which included a tracking device on a personal vehicle and video footage of the Plaintiffs at their homes. The case involved complex issues of negligence, nuisance, intentional infliction of emotional distress and invasion of privacy. The jury returned a total verdict of $1,382,000.00 for all Plaintiffs.

Custer v. Naini, M.D. et al.

Circuit Court for Calvert County, Maryland

Case 04-C-05-001092 MM

Medical Malpractice action involving unnecessary and improper gynecologic surgery. The Plaintiff suffered a perforated colon as a result of the surgery and required numerous corrective procedures. The jury returned a verdict of $3,497,270.97 which is believed to be the largest medical malpractice verdict in Calvert County.

Steffan v. Vane Brothers, et al.

Circuit Court for Baltimore City, Maryland

Case # 24-C-05-004249

Premises liability action involving bilateral shoulder injury when the Plaintiff fell through a pier owned by the Defendants. The issue of liability was seriously contested. After several days of litigation the jury returned a verdict of $394,900.91.

Dotson, et al v. Bell Atlantic, et al

Circuit Court for Prince George’s County, Maryland

CAL No. 99-21004 and CAL No. 99-09962

Co-Class Counsel in a class action brought against Verizon (formerly known as Bell Atlantic) for excessive late fees. A settlement of over $26,000,000.00 was achieved.

The Bank of New York, et al v. Piper Rudnick, et al

Circuit Court for Prince George’s County, Maryland,

CAL No. 02-21119

Local counsel in a matter involving a $51,000,000.00 bond transaction. A favorable termination of the case was achieved through motion and upheld on appeal.

Jones, et ux v. Smoot, M.D., et al

In the Superior Court of the State of Delaware in and for New Castle County

Case No. 03C-11-193 PLA

Medical Malpractice action involving a perforated colon during polyp removal. The Plaintiff suffered multiple medical complications including a stroke which left her disabled for life. Economic losses to the Plaintiff were estimated to be $2,250,000.00. The parties agreed upon a confidential settlement which provided a lump sum payment and lifetime care to the Plaintiff.

Curtis, et al v. Prince George’s County, Maryland

United States District Court for the District of Maryland

Case No. 03CV12759 RDB

Police brutality action brought by the parents of a young man who was killed by 7 police officers. The action sought restitution for State and Federal Constitutional violations as well as certain common law remedies. The action settled before trial scheduled in Federal Court.

Intercom Systems, Corp. v. Bell Atlantic

Circuit Court for Prince George’s County, Maryland,

CAL No. 97-08080

Intercom was one of the first Internet Service Providers (ISP) in the State of Maryland. Suit was brought by Intercom alleging Bell Atlantic was purposefully interfering with Intercom’s business in an effort to increase their own ISP product. Intercom alleged damages in excess of $20,000,000.00. The matter settled before trial for a confidential sum.

Edgren v. Greenwood, M.D.

Circuit Court for Worcester County,

Case No. 23-C-2003-0691

Medical Malpractice action for failure to diagnose a ruptured appendix. The case was tried before a Worcester County Judge for three days before a verdict was rendered in excess of $125,000.00.

Appellate litigation:

United States Court of Appeals for the 4th Circuit

Pecar v. St. Paul

United States District Court for the District of Maryland,

Case No. AW-01-1941

After recovering $1.4 million in the Circuit Court for Prince George’s County, we sought to recover from the insurance policy of a physician who had died thirty years earlier. Novel issues of insurance coverage.

Maryland Court of Appeals

Landon v. Zorn, M.D., et al.

Circuit Court for Worcester County,

Case No. 23-C-02-0000108 MM

Issue of Voir Dire requirement on question of tort reform. The Court of Appeals removed the matter from the Court of Special Appeals after Appellant had filed their brief.

Maryland Court of Special Appeals

Herron v. City of Annapolis

Circuit Court for Anne Arundel County,

Case No. C-02-C-05-108929 DJ

Defense of Local Government in class action regarding assessment and collection of transportation impact fees. Issues of res judicata/collateral estoppel and standing.

Hyde, et ux. v. The Richards Group of Washington, et al.

Circuit Court for Anne Arundel County,

Case No. C-93-08456 OT

Issues of Corporate Successor Liability and Shareholder Liability. On remand the matter was resolved after the Defendant successfully moved for judgment citing the statute of repose.

McCoy v. Hatmaker, et al.

134 Md.App. 693, cert. denied, 364 Md. 141 (2000).

Wrongful death action involving public official immunity, the good Samaritan rule and the foundation of expert opinions.

 

 
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