Michael D. Mulvaney

Michael is a Shareholder and member of Maynard Nexsen’s Litigation Section and its Insurance and Financial Services Practice group. Attorney, speaker, and storyteller, Michael has been called on as lead trial counsel since he was a senior associate – hired at the outset of cases – or developing his niche – parachuting into existing high risk cases in every tort hell jurisdiction in the United States for his clients since the early 1990s.

Michael's reputation as a national trial lawyer extends nationwide and has earned him top recognition among his peers and clients. He has been consistently distinguished as a Leading Litigator by Chambers USA: America's Leading Lawyers for Business every year since 2009, and he is also recognized in The Best Lawyers in America© and Mid-South Super Lawyers in numerous litigation fields including Insurance Law and Class Actions/Mass Torts. Corporate Counsel named him "One of America's Top Lawyers."

Recent Trial Wins and Experience

• 2023 trial in Philadelphia Federal Court successfully defended claims for bad faith and $20 plus million dollar claims for damages.
• In 2022, in Delaware Supreme Court, successfully defended client in nationally followed trial (Abromowitz v. Palantir, et al.) Palantir is one of the most successful emerging technology companies in the world.  The case involved claims of $300 million dollars in compensatory damages alone – alleging securities fraud and breach of fiduciary duties.
• In 2022, obtained complete affirmance before the Eleventh Circuit Court of Appeals in a landmark and landscape altering case involving mental anguish damages.
• In 2022, argued as lead counsel and won a defeat of class certification in the Southern District of California in a case alleging damages exceeding $500 million dollars.
• 2022, defended and resolved COI class action in Texas/Fifth Circuit.
• Michael has obtained complete defense verdicts and client wins in fraud and bad faith cases in bet-the-company cases for a dozen companies in literally the most dangerous punitive damage jurisdictions in the United States, including California, West Virginia, Mississippi, Alabama, Texas, Oklahoma, Florida, Delaware, Nevada, New York, Connecticut, Pennsylvania, South Carolina, Missouri and others.
• Michael has served as lead trial counsel in jurisdictions from coast to coast for AIG/American General, AXA Equitable Life Insurance Company, Met Life, US Life Insurance Company, Hartford Life and Fire Insurance, USAA, CNA, Old Line Insurance Company, West Coast Life Insurance Company, FIC Insurance Group, One America Securities, Investors Life Insurance Company, American United Life Insurance Company, New York Life Insurance Company, the Principal Life Insurance Company, Progressive, Pacific Life Insurance, Travelers, Guardian, Transamerica, and Mass Mutual.
• In 2021, obtained defense jury verdict at trial on life insurance breach of contract claim as well as defeating claims for bad faith and punitive damages in federal court.
• Michael tried a total disability case in August 2021 in one of most dangerous federal court venues in the country. The plaintiff sought bad faith and punitive damages from the jury over more than 50 million. The jury returned a defense verdict rejecting all those damages sought finding for his client on bad faith, emotional distress, and punitive damages.
• In 2018 Michael defended a California state court bad faith case in a 2-week trial that resulted in a jury verdict refusing to find bad faith and awarding zero damages after the plaintiff company requested consequential and punitive damages for bad faith exceeding nine figures. The jury returned a verdict finding no bad faith and refusing any consequential or punitive damages.

• Michael is lead trial counsel handling claims brought by over 75 plaintiffs in California and Colorado courts against insurers resulting from Wildfires.
• In 2017, after a 3-week jury trial in San Diego California, Michael obtained a complete defense verdict in a bet the company bad faith insurance case with huge potential impact on one of the most contested issues in the industry.
• In 2017, Michael secured a summary judgment in a multi-million dollar tower/excess layer liability case pending in the usually plaintiff-friendly venue of Dallas Texas state court.
• In 2016, he argued before the Second Circuit Court of Appeals in New York and secured affirmance of a groundbreaking dismissal of a putative class action defeating allegations of exposure in excess of $100 million.
• In 2016, Michael successfully defended a high exposure D&O coverage trial before Judge David Carter in the Southern District of California.
• In 2015, obtained a complete defense victory in a multi-week jury trial on bad faith claims involving issues of employee theft coverage in a $50 million damages claim in California Superior Court – Orange County.

Recent Commercial Company v. Company Examples

• When on the other side of the "V," as a commercial plaintiff's counsel, Michael has had record-setting verdicts and resolutions for his corporate clients, including:
  • Lead trial counsel in securing a settlement in excess of $125 million in a commercial fraud dispute for one of the firm’s longstanding clients.
  • Obtained $13 million verdict after a three-week trial, argued and secured the verdict on appeal in state Supreme Court, in a precedent-setting commercial dispute.
  • Obtained $75 million resolution for the law firm's longest-standing commercial client resulting from fraud in the sale and acquisition of emerging technology companies.

More Defense Wins

• Obtained summary judgment for insurer in Fidelity/Crime coverage and bad faith case defending claimed damages of $60 million. Affirmed by Eleventh Circuit Court of Appeals.
• Michael obtained summary judgment in a $10 million suicide case in Nevada.
• He and his firm serve as national trial counsel and national class action counsel for several companies in their IRS §412 [i] and §419 (A) (F) (6), and VEBA litigation.
• He was also in the forefront of industry-changing litigation involving Stranger Owned Life Insurance and premium finance cases. He has obtained summary judgments in STOLI cases in Colorado, Georgia, and California.
• He served as lead counsel in securing the global resolution of over 10,000 class action opt-out claims over a three year period for several different Fortune 100 insurers and financial service companies relating to pending and threatened opt-out litigation in jurisdictions throughout the United States.
• Michael is routinely engaged as lead counsel in the trial of high profile insurance, bad faith and coverage cases relating to Life Insurance, P&C, Reinsurance, D&O and Fidelity in dangerous punitive damage verdict venues regionally and nationally.

Recognition

• Recognized by Chambers USA, America’s Leading Lawyers for Business, Alabama, Litigation: General Commercial (2009-Present)
• Super Lawyers “Top 50 Lawyers in Alabama” (2018)
• The Best Lawyers in America© for Insurance Law, Commercial Litigation, and Mass Tort Litigation/Class Actions: Defendants (2007-Present)
• Mid-South Super Lawyers for Insurance Coverage (2016-Present)
• Alabama Super Lawyers for Insurance Coverage, Personal Injury Defense: Products, Class Action/Mass Torts (2008-2015)
• Named "Top Insurance Lawyer" by Birmingham Magazine (2011)
• Named "One of America's Top Lawyers®" by Corporate Counsel
• Martindale-Hubbell AV® Preeminent Rating
• American College of Trial Lawyers Award
• Recognized as a "Litigation Star" by Benchmark Litigation