Attorney Daniel J. McCarthy's Legal Cases

Appeals

RPAD, LLC v Salvatore DiNoto et al

Nov 29, 2018

OUTCOME: Reversed and remanded for further proceedings

In this protracted family dispute, the defendant hired Mr. McCarthy to pursue an appeal after the trial court awarded summary disposition to the Plaintiff. Mr. McCarthy scoured the record and he raised ... compelling issues that caused the Court of Appeals to issue not only a complete reversal, but also a remand directive to the trial court where the defendant can raise new issues likely to dispose of the entire lawsuit.

Appeals

RPAD, LLC v Salvatore DiNoto et al

Nov 29, 2018

OUTCOME: Reversed and remanded for further proceedings

In this protracted family dispute, the defendant hired Mr. McCarthy to pursue an appeal after the trial court awarded summary disposition to the Plaintiff. Mr. McCarthy scoured the record and he raised ... compelling issues that caused the Court of Appeals to issue not only a complete reversal, but also a remand directive to the trial court where the defendant can raise new issues likely to dispose of the entire lawsuit.

Appeals

Troy 888, LLC v Summit Wilshire, LLC et al

Nov 29, 2018

OUTCOME: Affirmed.

In this complex quiet title dispute, Mr. McCarthy was brought in to defend the Plaintiff's trial court victory on appeal. Mr. McCarthy assumed the primary responsibility in drafting the defending appe ... llate brief, which included the legal briefing of the winning dispositive issue on appeal.

Appeals

DKE, Inc v Secura Insurance Company

Nov 06, 2018

OUTCOME: Reversed and remanded for a new trial

In this insurance coverage matter, Mr. McCarthy achieved a complete appellate victory for the plaintiff/appellant DKE. This case commenced in 2005 and the matter was heavily litigated for over ten yea ... rs, complete with a prior appeal, numerous pre-trial motions, and an almost-three week jury trial. DKE lost the case at the trial court and it further got hit with $300,000.00 in case evaluation sanctions. Following the trial court proceedings, DKE retained Mr. McCarthy to pursue the appeal. With the utmost determination and attention to all detail, Mr. McCarthy filed persuasive appellate briefs and he ultimately convinced the Court of Appeals that the jury instructions were flawed and that the law of the case doctrine was violated. The $300,000.00 sanction was likewise reversed.

Appeals

Pellie Mae Norton-Cantrell v Anthony Bzura Trust Agreement et al

Oct 23, 2018

OUTCOME: Sanctions reversed.

In this matter involving an alleged contract dispute, the trial court dismissed the Plaintiff's case and ordered the Plaintiff to pay sanctions to the Defendant Trust. The Plaintiff then sought Mr. M ... cCarthy's appellate assistance, as the trial court's award of sanctions was both improper and ultimately unfair. Mr. McCarthy drafted and filed a thorough appellate brief that explained and demonstrated the trial court's error. The Court of Appeals agreed and stated in its opinion that the trial court "clearly erred in imposing sanctions."

Appeals

Lowe v Lowe, et al

Feb 20, 2018

OUTCOME: Affirmed

In this interesting family law matter involving a grandparent appeal, Mr. McCarthy defended the Defendant Mother where the paternal grandparents sought to overturn the trial court's order denying them ... a mandatory grand-parenting time schedule. The overarching legal issue concerned parents' constitutional rights to determine the care, custody, and management of their children. Mr. McCarthy carefully reviewed the record and filed a compelling brief that successfully protected his client's constitutional rights.

Contracts and agreements

National Collegiate Student Loan Trust, 2007-1 et al v Cavanary

Sep 03, 2015

OUTCOME: Dismissed

The National Collegiate Student Loan Trust and its various trust iterations filed eleven (11) separate lawsuits against my client seeking alleged unpaid private student loans in excess of $120,000.00. ... The court granted my initial motion to consolidate the cases and the court later granted my motion to summarily dismiss all cases on jurisdictional grounds.

Appeals

Unibar Maintenance Services, Inc v Saigh et al

Jan 01, 2009

OUTCOME: The trial court final order was affirmed for my client.

The client corporation prevailed in a jury trial on claims of fraud. The jury awarded damages, including a separate award of exemplary damages for the corporation. The defendants appealed and argued ... that a corporation could not be awarded exemplary damages. Fortunately for my client, the Court of Appeals disagreed and affirmed the jury's verdict in all respects.

Appeals

Rubenstein v Pelle Pelle, Inc

Jan 01, 2005

OUTCOME: Settled

The client hired us after having gone through a jury trial. A judgment in excess of $5,000,000.00 was entered against it. The Court of Appeals granted my motion for peremptory reversal which eliminate ... d sveral million dollars off the top. The parties subsequently settled their remaining claims at an amount very satisfactory to my client.

Appeals

In re Watermain Break Litigation

Jan 01, 2002

OUTCOME: Settled

In this class action case involving the defendants' negligence in breaking a main waterline serving numerous business entities, the trial court dismissed the plaintiffs' class action complaint based on ... the economic loss doctrine. After thorough briefing on appeal, the Court of Appeals reversed the trial court's summary disposition order.

Daniel J. McCarthy's Legal Cases (11)

RPAD, LLC v Salvatore DiNoto et al

RPAD, LLC v Salvatore DiNoto et al

Troy 888, LLC v Summit Wilshire, LLC et al

DKE, Inc v Secura Insurance Company

Pellie Mae Norton-Cantrell v Anthony Bzura Trust Agreement et al

Lowe v Lowe, et al

National Collegiate Student Loan Trust, 2007-1 et al v Cavanary

Unibar Maintenance Services, Inc v Saigh et al

Rubenstein v Pelle Pelle, Inc

In re Watermain Break Litigation