Corin McCarthy has more than ten years of experience successfully representing clients in complex business litigation, arbitration, and appellate matters. He has served as lead counsel in cases involving commercial contracts, healthcare, product liability, toxic torts, officer and director liability, shareholder disputes, intellectual property licensing and commercial lending. Mr. McCarthy is an experienced litigator who has won cases for his clients at every stage of the litigation process. He has been particularly successful at using dispositive motives to achieve victory in multimillion dollar lawsuits. Mr. McCarthy is also adept at using cost-effective alternative dispute resolution procedures to obtain very favorable results for his clients in circumstances where the normal litigation process may not be in their best interests.
Mr. McCarthy also has substantial experience in patent litigation. He recently obtained summary judgment in a patent infringement matter that threatened the continued viability of his client. He has won other patent infringement cases both at the trial level and on appeal.
Outside the courtroom, Mr. McCarthy delivers seminars on commercial litigation issues to a variety of groups, including the judges and staff attorneys for the Business Case Division of the Fulton County Superior Court.
Professional & Community Activities
Center for Puppetry Arts, Secretary, Executive Committee, Board of Directors
Bleckley Inn of Court, Barrister
Georgia Academy of Healthcare Attorneys, Member
American Health Lawyers Association, Member
Georgia State University Alumni Campaign, Firm Chair
University of Tennessee Alumni Association, Member
Georgia State University Law Review, Past Associate Editor and Contributor
Industries
Financial Services; Health Care; Manufacturing; Technology & Software
Experience
Wilkins et al. v. PPG Industries, Inc. et al., Successfully defended E. I. du Pont de Nemours and Company in a toxic tort action claiming wrongful death allegedly caused by exposure to trace benzene.
The Coca Cola Co. v. PepsiCo Inc., et al., Represented Pepsi-Cola Co. and PepsiCo in a patent infringement suit brought by Coca-Cola in the Northern District of Georgia involving bag-in-box technology used to store and dispense syrup used to create soft drinks in soda fountains. The court granted Pepsi's Motion for Summary Judgment, finding that the technology was substantially different from what was described in the Coke patent. PepsiCo's use of this technology did not infringe Coke's technology described in the asserted patent, and therefore, did not infringe the patent.
The Coca Cola Co. v. PepsiCo Inc., et al., 500 F. Supp.2d 1364 (N.D. Ga. 2007).
Multimillion dollar arbitration for a financial services corporation, Served as lead counsel and successfully defended a financial services corporation in a multimillion dollar arbitration concerning a dispute over an automated call processing services and whether its activities fell within the scope of a technology license. After implementing an aggressive trial strategy, the plaintiff agreed to enter into a new license for a fraction of what it claimed as damages in the arbitration. We also persuaded former shareholders of the company to pay a substantial part of the new license fee.
Successful result in breach of contract action on behalf of world-renowned music group, Obtained a favorable result for a world-renowned music group in a breach of contract action filed by its former manager.
Juan Washington et al. v. Ford Motor Company et al., Represented E. I. du Pont de Nemours and Company in a wrongful death action claiming that a young child died in a house fire allegedly caused by an automobile's speed control deactivation device that was subject to one of the largest automotive recalls in the history of the United States. DuPont was named as a defendant because it produced a component part that was used in the speed control deactivation device. After moving for summary judgment based on the lack of credible causation evidence or expert testimony, plaintiffs agreed to dismiss their claims against DuPont for very little consideration.
E.I. du Pont de Nemours and Company v. Sierra Stone LLC et al., Successfully represented E. I. du Pont de Nemours and Company and obtained significant monetary recovery from distributor following distributor's termination.
E.I. du Pont de Nemours and Co. v. Sierra Stone LLC, Case No. 2006CV113367 (Super. Ct. Fulton County, Ga. filed Mar. 1, 2006); Stoneworkz IP Holding Co., LLC v. Turnberry Stone, LLC, Case No. 06-03366 (Dist. Ct. Dallas County, Tex. filed Apr. 6, 2006).
Blue Springs LLC v. Nestlé Waters North America, We defended Nestlé in a breach of contract action that Blue Springs, LLC (Blue Springs) filed in Florida state court on October 13, 2009. The lawsuit concerned a royalty agreement, dated March 31, 2003, in which Blue Springs agreed to sell a two-acre parcel of property and water use permit to Nestlé in exchange for: (1) a fixed royalty payment of $1,300,000 to be paid in 40 equal quarterly installments of $32,500 each; and (2) a contingent royalty payment equal to $.004 per gallon of water harvested from the property in excess of 32,500,000 gallons during any one-year period. Although it entered into the royalty agreement for the express purpose of harvesting water from the spring system located on the property, Nestlé determined a few months after executing the agreement that withdrawal of water from the property was not feasible. Thus, Nestlé was forced to acquire other properties on the same springshed where water withdrawal was more practicable. Because it never harvested any water from the Blue Springs property, Nestlé never owed a contingent royalty payment under the royalty agreement. Nestlé nonetheless paid contingent royalties to Blue Springs from 2006 until 2009. On July 19, 2009, Nestlé notified Blue Springs that it had made the contingent royalty payments in error and that it would use these mistaken overpayments to offset all future fixed royalty payments under the royalty agreement. Because it had fully satisfied its obligations under the royalty agreement, Nestlé made no further royalty payments to Blue Springs. Blue Springs disputed Nestlé's interpretation of the royalty agreement, however, and filed suit against Nestlé several months later. On March 11, 2010, Nestlé served an answer and counterclaim to Blue Springs' complaint, and on June 4, 2010, Nestlé removed Blue Springs' lawsuit to federal court. The parties engaged in discovery for several months and then participated in a mediation on March 1, 2011. Following the mediation, Nestlé was able to successfully resolve this dispute, which resulted in a dismissal of the case on March 30, 2011.
Blue Springs, LLC v. Nestle Waters North America, Inc., No. 8:10-cv-01268 (M.D. Fla, filed June 4, 2010).
Reid v. American Optical Corporation et al., Negotiated the voluntary dismissals, without payment, of hundreds of toxic tort - Silica lawsuits filed in multiple jurisdictions following initial aggressive defensive motion practice.
Murray v. E.I. du Pont de Nemours and Company et al., Aggressively defended E. I. du Pont de Nemours and Company in a product liability action claiming that the plaintiff had sustained significant chemical burns over most of his body while wearing a protective suit manufactured by another defendant in the lawsuit. After obtaining deposition testimony showing that our client could not be held liable as a matter of law, the plaintiff agreed to dismiss our client from the lawsuit.
Murray v. E.I. du Pont de Nemours and Co., Case No. 04-C-04014-2, (State Court of Gwinnett County, Ga. filed Apr. 2. 2004).
Class action suit for major hospital, Represented a major hospital in a multimillion dollar, putative class action involving billing practices for managed care patients. During discovery, plaintiffs' counsel agreed to settle the matter for pennies on the dollar.
Contract Dispute Arbitration for a publicly traded supplier of industrial parts, Represented a publicly traded supplier of industrial parts in the successful arbitration of a significant breach of contract dispute against one of the world's largest truck manufacturers.
Litigation for automobile racing league, Represented the officers and directors of an automobile racing league in several shareholder derivative actions filed in Georgia and Delaware and secured the dismissal of all claims against the officers and directors, in part, by showing that the controlling shareholders were using the company to commit securities fraud.
Sales commission litigation for beverage container supplier, Represented a leading supplier of fridge packs and other beverage containers in litigation brought by a former sales representative claiming an enormous sum of unpaid commissions. The firm was retained to take over defense of the lawsuit while the parties awaited a ruling on the client's summary judgment motion, fully briefed more than three years earlier. Due to this incredible delay in ruling on the motion, the plaintiff filed a motion for recusal. Shortly after being retained, the court clerk called our attorneys to let them know that the judge had prepared an order denying the client's motion. In light of the plaintiff's request for recusal, however, the court said that it would not enter the order and would instead transfer the case to Business Court. Anticipating that the Business Court would simply sign the order prepared by the prior judge, we identified additional arguments entitling the client to summary judgment, and persuaded the Business Court to let our client file a supplemental brief almost four years after the last summary judgment brief had been filed. One week after the hearing, the court entered an order granting summary judgment to our client on all counts. The defendant immediately appealed the Business Court's decision. The firm prepared all of the appellate briefing, and the appellate court affirmed the Business Court's ruling.
*Experience gained by attorney prior to joining Kilpatrick Townsend