Gavin G. McCarthy - Pierce Atwood LLP

Gavin G. McCarthy

Listed in Best Lawyers since 2013
Phone: 207-791-1170

Gavin G. McCarthy, a partner at Pierce Atwood, 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 defending a leading disability insurer in a class action in Louisiana to representing a major energy provider in an eight-figure construction dispute in Maine to handling a series of building product class actions in South Carolina and Massachusetts.  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. 

Boston College Law SchoolJ.D.
Maine Bar AssociationCleaves Law Library Board of Directors

Case History

Recent Experience

In a putative class action in California state court, Gavin's client obtained summary judgment dismissing all claims, a result that the Court of Appeal affirmed. See Schwartz v. Provident Life & Accident Ins. Co., 216 Cal. App. 4th 607 (2013) 

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.  See Merrimon v. Unum Life Insurance Company of America, __ F.3d __ (1st Cir. 2014)

In a bid protest of the award of the State of Maine's ten-year, multi-million dollar liquor marketing contract, Gavin's client obtained a decision to vacate the award. 

In an 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

Office Location

Merrill's Wharf
254 Commercial Street
Portland, ME 04101
United States

Practice Areas

Litigation - Construction

Other Information

Gender: Male