Niall Mccarthy

Burlingame • Litigation

In 2022, Niall McCarthy presided as the president of the San Francisco ABOTA Chapter and continues to hold influential positions such as chair of the Northern District of California Judicial Evaluation Commission for Sen. Alex Padilla and serves on Gov. Gavin Newsom's Bay Area Judicial Selection Advisory Committee.

In his day-to-day legal work, McCarthy represented the family of a 93-year-old woman, Trudy Maxwell, who died after being served cleaning liquid at a residential care facility. The case has sparked outrage among elder advocacy groups and gained national media attention. Maxwell et al., v. Atria Management Co. LLC et al. 22-CIV-03985 (S. Mateo Co. Super. Ct., filed Sept. 29, 2022).

McCarthy said the case will be a major force of change in the senior care industry.

"The family of Mrs. Maxwell is committed to exposing every element of the wrongdoing that led to their mother's death," he said. "This poisoning tragedy was entirely avoidable, and the lawsuit will be a cause of major reforms in this assisted living community. This litigation will expose major flaws in the 'business as usual' approach to senior care."

In another major case, McCarthy represents the San Mateo County Community College District in a case exposing a "pay-to-play" scheme involving bond money meant for community colleges being misappropriated through bribes and backdoor deals. San Mateo County Community College District v. Allana Buick & Berks, Inc., et al., 23-CIV-00631 (San Mateo Sup. Ct., filed Feb. 8, 2023).

McCarthy highlights that both cases faced significant challenges. In the Maxwell case, McCarthy successfully contested an arbitration clause, while in the San Mateo County Community College case, the challenge lay in uncovering the fraud that was cleverly concealed by the defendants. He emphasizes the importance of thorough investigation and legal diligence in these complex cases.

"We have a remarkable shortage of younger trial lawyers on the civil side," McCarthy said. "Young lawyers who try cases will be invaluable in the next ten years as this current generation of trial lawyers retire. Effectively trying a civil case is an invaluable skill set and those who have that skill will be the future of the civil justice system."

McCarthy's professional affiliations are extensive, including membership in the International Society of Barristers and past presidencies of the Consumer Attorneys of California and the San Mateo County Trial Lawyers.