Gavin McCarthy is a trial lawyer whose practice covers a wide variety of complex commercial litigation, with a particular emphasis on class action defense and construction litigation. Gavin's practice spans the country, from representing Maine’s largest electric utility in a class action in Maine state court to handling a $30 million fire loss in Michigan on behalf of national resort developer to representing a leading national disability insurer in a class action in federal court in Florida. At the same time, Gavin regularly practices in both state and federal court in Maine, and is the author of the Maine sections of the ABA's 50-state survey of class action law and two leading fifty-state construction law treatises.

Regardless of the forum or the nature of the action, Gavin brings extensive experience trying significant cases. Gavin’s current representations include assisting a leading contractor in prosecuting an eight figure construction claim, a financial services company in a defending a class action in federal court in Maine, and individuals seeking approximately $30 million in a breach of fiduciary duty action in state court in Massachusetts.

Honors & Distinctions

  • Recognized by Chambers USA 2018 as leading lawyer in Litigation: General Commercial
  • Named by corporate counsel to the BTI Client Service All-Stars 2017
  • Recognized since 2013 by The Best Lawyers in America® for Litigation - Construction
  • Named a "Rising Star" by Super Lawyers for Class Action and Mass Torts (2009-2013)

Professional Activities

  • Member, Maine Bar Association

Publications

  • Author, Maine Section of the ABA’s Survey of State Class Action Law
  • Co-author, Chapter on Maine Procurement Rules and Regulations, ABA Guide to State Procurement
  • Author, Maine Section of the ABA’s Fifty State Lien & Bond Law Treatise

Practice Areas

Representative Experience

  • On behalf of his developer clients, Gavin obtained a jury verdict in the full amount of cleanup costs following an oil spill near the property.
  • Following a week long arbitration, Gavin obtained an award for the full replacement cost of two speciality roofs plus reimbursement of all costs and fees.
  • Gavin obtained an arbitration award in the full amount sought of approximately $1 million in connection with an arbitration proceeding in North Dakota arising out of the construction of a large, multi-use development.
  • Following discovery, Gavin obtained a favorable settlement on behalf of developer clients whose project was barred by a local ordinance change.
  • Gavin resolved on favorable terms approximately $150,000,000 in claims against a leading electric utility arising out of a $1.5 billion construction project.
  • After a week-long arbitration proceeding between Gavin's contractor-client and the owner who hired the contractor to perform a $7 million hotel renovation, the arbitrator rejected the owner's multi-million dollar damages claim and awarded Gavin's client the full amount of its contract balance
  • Following a multi-day arbitration proceeding between a contractor hired to perform several million dollars of work on a federal military base and Gavin's subcontractor-client, the arbitrator awarded Gavin's client the full amount of his contract balance and rejected the contractor's counterclaim
  • In a leading case on the issue of an arbitrator's ability to modify an award issued by that arbitrator, the First Circuit Court of Appeals agreed with Gavin's client that the arbitrator acted within its authority and vacated the decision below.

Representative Experience

  • In a putative class action in federal court in Florida alleging claims under the FDCPA against a leading disability insurer, Gavin resolved the case on an individual basis following discovery.
  • In a putative class action in federal court in Massachusetts alleging defective building products, Gavin obtained denial of Plaintiffs’ motion for class certification and the subsequent dismissal of most of Plaintiffs’ individual claims, leading to a resolution of the dispute at no cost to Gavin’s client.
  • In an ERISA class action, the First Circuit Court of Appeals ordered judgment in favor of Gavin's client, reversing a trial court's prior award.
  • In a putative class action in California state court seeking nearly $2 billion in premium refunds in connection with individual disability insurance, Gavin's client obtained summary judgment dismissing all claims, a result that the Court of Appeal affirmed.

Representative Experience

  • Gavin represented a leading hospital consortium in an arbitration proceeding against an insurer that led to the resolution of a multi-year dispute about the proper reimbursement for certain mental health services.
  • In a breach of fiduciary duty case seeking control of a leading contractor in greater Boston, Gavin obtained a preliminary injunction maintaining the status quo following a full day evidentiary hearing.
  • In an arbitration proceeding by a former executive seeking to escape the effect of a non-compete clause, Gavin obtained denial of the executive’s requests for preliminary relief, leading to the voluntary dismissal of the action.
  • In a case dismissed on jurisdictional grounds by the District Court, the First Circuit reversed and reinstituted Gavin's client's claims.
  • In a bid protest of the award of the state of Maine's ten-year, multimillion dollar liquor marketing contract, Gavin's client obtained a decision to vacate the award.