Mass Tort Litigation / Class Actions - Defendants Litigation - Construction
*Named the "Lawyer of the Year" in this practice area in the 2026 edition in Portland, ME.
Gavin G. McCarthy
Recognized in Best Lawyers since 2013 Awarded Practice Areas
Biography
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 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 50-state construction law treatises.
Overview
- Boston College Law School, J.D., cum laude, graduated 2003
- Haverford College, B.A.
- United States, Maine
- United States, Massachusetts
- Maine State Bar Association - Member
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the District of Maine
- U.S. District Court for the District of Massachusetts
- United States, Maine
- United States, Massachusetts
- Maine State Bar Association - Member
- Boston College Law School, J.D., cum laude, graduated 2003
- Haverford College, B.A.
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the District of Maine
- U.S. District Court for the District of Massachusetts
Client Testimonials
Awards & Focus
Named "Lawyer of the Year" by Best Lawyers® for:
- Mass Tort Litigation / Class Actions - Defendants, Portland, ME (2026)
- Litigation - Construction, Portland, ME (2022)
Recognized in The Best Lawyers in America® 2026 for work in:
- Litigation - Construction
- Mass Tort Litigation / Class Actions - Defendants
Additional Areas of Practice:
- Litigation - Banking and Finance
Awards:
- Best Lawyers in America® for Construction Litigation (2013-present)
- Best Lawyers in America® “Lawyer of the Year” in Maine for Construction Litigation (2022)
- Named by corporate counsel to the BTI Client Service All-Stars (2017)
- Recognized by Chambers USA for Commercial Litigation (2018-present)
- Recognized by Super Lawyers for Class Action and Mass Torts in Maine (2020)
News & Media
Case History
Cases
- 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
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
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