Michael P. Foley

Partner

Practice Areas

Health Care and Medical Malpractice Defense
Commercial Litigation
Product Liability
Professional Liability (Accountant and Attorney Defense)

Overview
Mike's practice is unique as he can transition from handling cases involving catastrophic personal injury claims, to complex commercial and product liability, to professional and medical malpractice claims. Mike has tried to verdict in excess of thirty trials in Kentucky, Colorado and Ohio state courts, Federal Courts in Ohio, Colorado and Kentucky and the Federal Court of Claims. He has successfully argued matters before the Ohio Supreme Court, Kentucky and Ohio Courts of Appeal and the 6th and 10th Circuit Federal Court of Appeals.

Experience
Recent Litigation (2017 - Present)

  • Obtained Summary Judgement of a Class Action against hospital facility and insurer for destruction of medical records.
  • Successfully briefed and argued in the 10th Circuit Court of Appeals a multi-million dollar trial court verdict in a medical malpractice case which resulted in a reversal and remand for a new trial.
  • Obtained defense verdict on behalf of interventional radiologist involving a stroke patient in a wrongful death case in Jefferson County Colorado.
  • Obtained defense verdict on behalf of neurosurgeon involving complications from a decompressive laminectomy.
  • Represents medical device manufacturer in the region for product liability claims.
  • Represented welding rod manufacturer as coordinating counsel in nationwide product liability action.
  • Successfully defended wood product manufacturer in wood dust exposure litigation.
  • Representation of multiple nurses and hospital in multi-week Federal trial concerning misdiagnosis of compartment syndrome.
  • Represents health care facility in a mass tort litigation involving claims against Physician and multiple health care facilities for allegations of medical negligence, negligent credentialing, fraud, and violations of state RICO.
  • Obtained a dismissal on behalf of physician and medical facility claiming violations of RICO and the False Claims Act. Plaintiff/relator never appealed.
  • Representation of health care provider in bid protest against Air Force in Federal Court of Claims regarding unlawful exercising of option contract resulting in court finding in favor of contractor against Air Force.
  • Obtained a dismissal on behalf of a regional medical facility in litigation claiming violations of False Claims Act and Anti-Kickback Act.

Experience prior to 2017 available upon request

Community Involvement

  • United Cerebral Palsy of Greater Cincinnati (Past Board Member and President)
  • United Cerebral Palsy Golf Fundraiser (Past Chair)
  • Montessori Center Room (Board Member, 2006-2008)
  • Board of General Jurisdiction Archbishop McNicolas High School (Present)

Presentations

  • "Spoliation of Evidence," Association of Corporate Counsel (November 2015)
  • "Public Contracting in Ohio," (August 2008)
  •  "Legalities of Information in a World of Electronic and International Commerce" AFCEA InfoTech (October 2007)
  • "Buy American Act and State Preference Legislation," IDCC Fall Meeting (October, 2007)
  • "Navigating The Buy American Act/The Buy America Act and State Preference Laws" National Contract Management Association World Congress (April, 2007)

Publications

  • "Public Contracting in Ohio," Federal Publications (2008)
  • "Navigating the Buy American and the Buy America Acts: A Trap for the Unwary," Contract Management Magazine (November, 2007)

Admissions

  • State of Ohio
  • Commonwealth of Kentucky
  • U.S. District Court, District of Columbia
  • U.S. District Court, District of Colorado
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Eastern District of Kentucky
  • U.S. District Court, Western District of Kentucky
  • U.S. District Court, Southern District of Indiana
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • Federal Court of Claims

 Professional Affiliations

  • Cincinnati Bar Association (Grievance Committee, 2007-2016)
  • Ohio Bar Association
  • Kentucky Bar Association
  • Northern Kentucky Bar Association
  • American Bar Association
  • Federal Bar Association Honors
  • American Board of Trial Advocates (ABOTA)
  • Selected as a Best Lawyer in the area of Product Liability Litigation, Medical Malpractice and Personal Injury - Defendants by The Best Lawyers in America© (2013-2020)
  • Selected and listed as Ohio Super Lawyer (2012-2021)
  • Recognized as Super Lawyer in the Business Edition for Civil Litigation Defense (2013-2018)
  • Fellow Litigation Counsel of America

Practice Areas
Health Care and Medical Malpractice Defense
Commercial Litigation
Product Liability
Professional Liability (Accountant and Attorney Defense)

Education

  • Ohio Northern University College of Law (J.D., 1992)
  • Xavier University (B.A. in International Affairs, 1988)
  • George Washington University School of Business (Masters Certificate Government Contracts)
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