Mike Halaiko counsels clients in complex civil litigation matters before State and Federal courts primarily in the areas of products liability, mass torts and construction law. Mike's multi-faceted practice includes the defense of manufacturers, distributors and retailers; builders, design professionals, contractors and suppliers; and real estate owners and operators.
Mike routinely represents manufacturers in defense of complex product defect and fire related claims as well as in commercial disputes and mass tort litigation. Mike's product clients include nationally recognized manufactures of household appliances, power tools, commercial building products, dietary supplements, pharmaceuticals, ladders, tires, and sporting goods.
Mike also represents builders, design professionals, contractors, suppliers and real estate owners and operators in significant construction defect disputes, commercial litigation, and mold and indoor air quality matters. Mike has successfully defended both national and regional residential home builders, real estate owners and operators and design professionals against claims emanating from alleged water intrusion and mold problems. Mike's construction practice also includes representing contractors, suppliers and owners in both the prosecution and defense of mechanic's lien and bond claims.
In the area of mass torts, Mike has represented clients in multi-plaintiff mold litigation, asbestos litigation, Ephedra litigation, Fen-phen litigation, and tobacco litigation. Most recently, Mike has authored several articles regarding an emerging mass tort involving Chinese-made drywall.
Mike has substantial arbitration and trial experience. Mike also regularly appears in State and Federal court to argue complex dispositive and trial motions and has conducted and defended countless depositions of technical and medical experts, witnesses and parties in litigation matters. Mike has experience arguing before appellate courts as well, including two arguments before the highest court of the State of West Virginia reported at Harris v. Jones, 550 S.E.2d 93 (W.V. 2001) and Lawyer Disciplinary Bd. v. Sims, 574 S.E.2d 795 (W.V. 2002).
Prior to joining Miles & Stockbridge, Mike was an associate with Bowles Rice McDavid Graff & Love in Charleston, West Virginia, practicing in the areas of commercial litigation and products liability. While at Bowles, Mike obtained significant victories for manufacturers, including summary judgments in cases Swyers, et al. v. Bridgestone/Firestone, United States District Court for the Southern District of West Virginia and Shatz, et al. v. Bridgestone/Firestone, et al., United States District Court for the Southern District of Indiana.
During law school, Mike was active in The Ohio State University Moritz College of Law's nationally-ranked dispute resolution program as a member of the Journal on Dispute Resolution and the negotiation team.
Credentials
American Bar Association
Baltimore City Bar Association
Defense Research Institute
Maryland Bar Association
Maryland Super Lawyers® - Rising Stars Edition: Selected for inclusion in the area of Personal Injury Defense: Products, Construction Litigation, Personal Injury Defense: General (2011-2012)
Publications
"Your Bed Bug Response Plan," The National Law Review (Co-Authored) (November 21, 2011).
"Your Bed Bug Response Plan," Risk Management Magazine (Co-Author) (November 2011).
"Using a Contractual Consequential Damage Limitation," Law360 (Co-Author) (October 14, 2011).
"Remediating Chinese Drywall - How Much And Why," Law360 (Co-Author) (May 13, 2010).
"Year of the Drywall: Chinese Wallbound Litigation," Law360 (August 14, 2009).
"Mediating Mold: The Art Of Balancing Law And Psychology In The Alternative Resolution Of Mold Cases," Mealey's Litigation Report: Mold (June 2005).
"Mutuality in Arbitration Agreements," For The Defense (April 2005).
"Out of the Daubert Fire and into the Frye-ing Pan," Mealey's Litigation Report: Mold (July 2004).
"Multi-Family Real Estate Owners and Managers: An Industry on the Front Lines of the Newest 'Toxic' Tort," Defense Research Institute, Industrywide Liability News (Spring 2003).
"Manufacturers Beware II: Mold Litigation is Upon You," Mealey's Litigation Report: Mold (September 2003).
"Backed into a Corner: The Conflict Inherent in a Third-Party Private Cause of Action Under the Unfair Claim Settlement Practices Act," West Virginia Defense Trial Counsel, West Virginia Defense Trial Counsel Notebook (2000).
Speaking Engagements
"Is there Any Bite to Bed Bug Litigation?" Baltimore, Maryland (June 16, 2011).
"Earning a Graduate Degree in Mold: Science, Hype, Legislation & Litigation," Northern Virginia Apartment Association (May 18, 2004).
"Mold & Construction Defect Litigation," Atlantic Builders Group (April 22, 2004).