Paul J. Maloney

Practices

• Business Law and Commercial Litigation
• Complex Litigation
• Product Liability
• Toxic and Mass Tort Practice

About

Paul Maloney is a trial lawyer who focuses his practice in product liability, professional liability, and commercial litigation. Paul has over 35 years of trial experience and has tried more than 300 cases. He is a Fellow in the American College of Trial Lawyers.

Before joining the firm in 1984, Paul served as an Assistant State’s Attorney for Prince George’s County, Maryland. Previously he clerked for the Hon. Joseph M. Hannon, Superior Court Judge for the District of Columbia.

In 1987, Paul was appointed Associate Independent Counsel to James C. McKay in the investigation of whether former White House aide Lyn Nofziger illegally lobbied his former administration colleagues on behalf of private clients.

Paul has been lead counsel in numerous court decisions in both federal and state courts. These include:

• In re Estate of Parikh
  • Unpublished opinion dismissing four appeals on the basis of a binding settlement agreement and will contest litigation
• Thompson v. Dollar Tree Stores, Inc., 2019 U.S. Dist. LEXIS 16212 (D. Md. 2019).
  • Motion to dismiss third-party complaint granted on basis of relation back doctrine
• McLachlen v. Dynatemp,, No. 953, Sept.Term 2016 (filed March 12, 2018), cert. denied, 459 Md. 414 (2018).
  • Unreported opinion affirming the denial of plaintiff’s request for litigation fees and costs
• Antal v. Floyd, No. 0257, Sept. Term 2013 (filed July 13, 2015).
  • Unreported opinion affirming 147-page trial court opinion interpreting trust instrument
• Doe v. Sovereign Grace Ministries, Inc., 217 Md. App. 650 (2014), denied, 440 Md. 116 (2014)
  • Appellate Court lacked jurisdiction to hear premature appeal in sexual abuse case
• Burtoff v. Cochran, 976 A.2d 224 (2009)
  • Legal malpractice case dismissed and affirmed on appeal
• Young v. Burton, 567 F. Supp. 2d 121 (D.D.C. 2008), aff’d, Young v. Burton, 354 Fed. Appx. 432 (D.C. Cir. 2009)
  • Mold expert excluded on Daubert motion, summary judgment granted
• Riegel v. Medtronic, Inc., 552 U.S. 312 (2008) (amicus brief)
  • Arguing that the Medical Device Amendments (“MDA”) to the Food, Drug, and Cosmetic Act (“FDCA”) preempts state tort law claims for Class III medical devices
• Blackwell v. Sigma Aldrich, Inc., 2007 Md. Cir. Ct. LEXIS 13, aff’d, Blackwell v. Wyeth, 406 Md. 442 (2008).
  • Firm client dismissed at trial court, trial judge subsequently excluded experts on Frye-Reed Standard, holding that there was no causation between thimerosal and autism
• Webster v. Pacesetter, Inc., 259 F. Supp. 2d 27 (D.D.C.2003), aff’d, Webster v. Pacesetter, Inc., 270 F. Supp. 2d 9 (D.D.C.2003).
  • Summary judgment granted in medical device case, request to late file appeal denied
• In re Estate of Tuthill, 754 A.2d 272 (2000)
  • Reformation of trust allowed for scrivener’s error
• Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996) (amicus brief)
  • Arguing that state tort claims are preempted under federal law for Class III device
• McCarthy v. Rosenthal, 1996 U.S. Dist. LEXIS 6437, 1996 WL 249991 (D. Md. 1996).
  • Motion to dismiss granted in a Fair Debt Collection Practices Act (“FDCPA”) case

Education

Catholic University of America, Columbus School of Law
JD

Washington & Lee University
BA, cum laude

Recognition

• Paul is a Fellow of the American College of Trial Lawyers, an honor extended to less than one percent of the bar. The organization recognizes trial attorneys for mastering the art of advocacy while also maintaining the highest standards of ethical conduct, professionalism, and civility.
• Martindale-Hubbell® has given Paul its AV Preeminent® rating, earned by attorneys at the highest level of professional excellence.
• Paul was named the Best Lawyers^® 2021 Professional Malpractice Law – Defendants “Lawyer of the Year” in Washington, D.C.
• Listed in Best Lawyers in America in the area of Personal Injury Litigation- Defendants, 2013-2023
• Recognized on Super Lawyers List, 2010-2022  for Personal Injury(Products) Litigation- Defense, Professional Liability- Defense
• Recognized on Washingtonian’s Top Lawyers 2019, 2020, 2022 for Civil Defense

Speaking Engagements

Paul has been a frequent speaker on products liability, professional liability, class action defense, and court practice and procedures.

Admissions

States
District of Columbia
Maryland

U.S. District Courts
District of Columbia
District of Maryland

U.S. Court of Appeals
District of Columbia Circuit
Fourth Circuit

United States Supreme Court

Affiliations

• American College of Trial Lawyers, Fellow
• Product Liability Advisory Council, Associate Member
• DC Defense Lawyers’ Association, Former President
• DC Bar, Steering Committee of Section on Injury to Persons and Property, Former Chair
• The Barristers (Washington, DC), Former President
• The Lawyer’s Club (Washington, DC)
• Washington Jesuit Academy, Former Board Member