Christopher W. Mahoney has been a litigator for over 25 years. He focuses his practice on complex civil litigation, including commercial and business tort matters, as well as real estate and environmental litigation. He also litigates product liability, employment, construction, professional liability, and healthcare matters. He has served as both trial and appellate counsel for individuals, small businesses, multinational corporations, municipalities and administrative agencies, and has defended and brought suit on behalf of these clients before juries and judges in federal and state courts across the country.
Mr. Mahoney received his law degree in 1985 from Georgetown University, where he was an Editor of The Tax Lawyer. He received his undergraduate degree summa cum laude in 1981 from Union College and The London School of Economics, where he was a member of Phi Beta Kappa. He is a frequent speaker and author on a wide range of subjects involving litigation practice and procedure, and is a Fellow of the Litigation Counsel of America.
Representative Matters
· Defense counsel for Branch Banking and Trust Co. in a federal class action alleging that BB&T violated the Electronic Funds Transfer Act by not posting notice on its ATMs that non-customers would be charged a fee for use of the ATMs. Obtained an order denying plaintiff's motion for class certification and entering judgment in favor of BB&T on the basis that plaintiff was not an adequate representative of the class and could not state a claim under EFTA because her bank account was a commercial account that was not "established primarily for personal, family, or household purposes," as required by the statute.
· Defense counsel for The Graduate School in multimillion-dollar class action brought by former students of Southeastern University who alleged that The Graduate School purchased assets of the university and assumed the university's liability for fraudulently misrepresenting the nature and quality of its academic programs. Obtained dismissal with prejudice of plaintiffs' complaint on the basis of corporate successor nonliability.
· Defense counsel for multiple landowners in eminent domain action brought by District of Columbia to condemn property for use as new Washington Nationals baseball stadium. Obtained multimillion-dollar settlements for clients.
· Counsel for Canadian gaming company in federal action brought against government of Mexico to vacate NAFTA arbitration award.
· Defense counsel for wastewater treatment contractor in federal action for breach of surety agreement.
· Counsel for medical equipment supplier in action challenging U.S. Department of Health and Human Services' denial of significant Medicare reimbursement claims.
· Defense counsel for information technology provider in breach of contract action brought by commercial customer. Negotiated settlement on eve of trial.
· Trial counsel for defendant Merrill Lynch in professional liability and conversion action alleging that Merrill Lynch unlawfully accepted funds for deposit. Negotiated settlement during trial.
· Defense counsel for former executives of Fortune 500 company accused of breaching "split dollar agreements" regarding executive compensation, pension and life insurance benefits by not assigning to the company stock issued to defendants as a result of insurance carrier's "demutualization." Negotiated settlements of four companion cases.
· Defense counsel for pharmaceutical company in breach of contract action. Negotiated settlement on eve of trial.
· Lead defense counsel in multimillion-dollar nationwide class action brought by water treatment facilities in Louisiana and Ohio to recover cost of monitoring and removing chemicals from public water supplies under the Safe Drinking Water Act. Obtained summary judgment for defendant and affirmance on appeal.
· Trial and appellate counsel for defendant surety in Uniform Commercial Code action brought by chemical company over the efficacy of a sludge de-watering agent.
· Trial counsel in mass tort action brought by New York State and others alleging threat to public health from chemical contamination of groundwater throughout Suffolk County. Obtained judgment for defendant after trial and affirmance on appeal.
· Counsel for former corporate owner of recycling facility in federal action to recover remediation costs. Negotiated settlement before trial.
· Counsel for company president in action for breach of shareholders' agreement and breach of fiduciary duty and misappropriation of funds by company officers. Obtained partial summary judgment, and monetary settlement on remaining counts.
· Trial counsel for nonprofit corporation in federal civil rights and fair housing matter, obtaining judgment requiring property developer to take affirmative measures to guarantee nondiscriminatory rental practices.
· Trial counsel for estate in suit alleging unintentional and fraudulent conveyance of real property to defendant. Obtained judgment rescinding conveyance and restoring title to client.
· Counsel for federal agency in federal action against real estate company executives for breach of multimillion-dollar construction loan guaranty, resulting in settlement.
· Counsel for municipalities in breach of contract, negligence and fraud actions against design engineers, builders and equipment contractors of defective municipal wastewater treatment facilities. Obtained multimillion-dollar settlements for client.
Professional Activities
· American Bar Association
- Section on Environment, Energy and Resources
- Section on Litigation
· The District of Columbia Bar
- Section on Litigation
Experience
· Duane Morris LLP
- Partner, 2001-present
· Beveridge & Diamond, P.C., Washington, D.C.
- Partner, 1993-2001
- Associate, 1987-1993
· Rose, Schmidt, Chapman, Duff & Hasley, Washington, D.C.
- Associate, 1985-1987
Civic and Charitable Activities
· Volunteer Attorney, Washington Legal Clinic for the Homeless
· Treasurer, Union College Alumni Club of Washington, D.C.
Honors and Awards
· Recognized in Washingtonian Magazine as one of Washington, D.C.'s "top lawyers"
· Five Year Commendation Award, Washington Legal Clinic for the Homeless
· Fellow, Litigation Counsel of America
· AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Selected Publications
· "Defeating Claims of Toxic Contamination: Anatomy of a Winning Defense," Inside Litigation, Vol. 12, No. 7, July 1998 at 6
· "Water Contamination Suits Likely to Hit N.Y.: Vexing Issues Seen Arising in Claims over MTBE, " New York Law Journal, October 25, 1999 at S2; reprinted in the Metropolitan Corporate Counsel, December 1999 at 6
Selected Speaking Engagements
· Presenter, "Environmental Justice and EPA's New Civil Rights Policy," firm's Annual Environmental Law & Litigation Seminar, Washington, D.C., March 20, 1998
· Presenter, "Fighting Mass 'Regulatory' Tort Claims for Environmental Exposure," "Medical Monitoring of an Asymptomatic Class," and "An Environmental Justice Primer," Protecting Corporate Assets from the Onslaught of Mass Tort Liability Briefing, New York, New York, November 9, 1999
· Presenter, "Fighting the New Wave of Environmental Class Actions: The 'Regulatory' Tort," firm's Annual Environmental Law & Litigation Seminar, Washington, D.C., October 1, 1999
· Presenter, "Addressing Claims for Mass Injuries: Key Considerations in Handling Product Liability and Toxic Tort Defense," and "Underground Environmental Contamination: Litigating the Unseen Menace," firm's Annual Environmental Law & Litigation Seminar, Washington, D.C., March 21, 1997