Kevin B. Mattingly

Senior Attorney
Washington, D.C. P: 202.719.8201 F: 202.347.1684
Legal Assistant
Cathy Panepinto
P: 202.719.8252 cpanepinto@bradley.com
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Representative Experience
  • General Experience
    • Commercial Litigation Representative Experience
      • Assisted in defense of national mortgage broker in putative class action in federal court alleging violations of state’s finder’s fee law and consumer protection act in connection with purportedly fraudulent referral program used in consumer mortgage loan transactions, resulting in minimal payment to individual class representatives and dismissal of class action.
      • Served as local counsel on behalf of national tax services provider in lawsuit brought in federal court by franchisee alleging fraud and breach of contract arising out of negotiation and compliance with franchise agreement; helped to secure dismissal of franchisee’s fraud claims for failure to state viable claims and summary judgment in client’s favor on franchisee’s breach of contract claim based upon lack of evidence supporting violations alleged.
    • Construction Representative Experience
      • Represents regional homebuilder in defense of lawsuits brought by individual homebuyers and homeowners’ associations asserting claims for fraud, misrepresentation, violation of state consumer protection statutes, and breach of warranty, as well as prosecution of contractual indemnity actions against subcontractors
      • Represents multiple general contractor clients in claims brought by and against subcontractors related to defective work, delays, and other contract disputes
    • Environmental Representative Experience
      • Represents nationwide multifamily housing provider in investigating, managing, defending, and resolving environmental claims at its residential properties, including claims for mold, asbestos, lead, and other exposures; and providing guidance on various other legal issues impacting client’s operations and management of hundreds of apartment complexes across the United States.
      • Coauthored amicus curiae brief on behalf of DRI—The Voice of the Defense Bar supporting successful petitioners urging that U.S. Supreme Court find federal statutory pre-emption of common law nuisance claims for global warming in AEP v. Connecticut, 131 S. Ct. 2527 (2011).
      • Assisted international real estate developer in matter involving environmental contamination of client-owned apartment complex caused by gasoline station operations of adjacent landowner, including providing guidance regarding permitting access to property for investigation, working with expert consultants for analysis of vapor intrusion test results, and negotiating agreements defining scope of environmental investigation with counsel for adjacent landowner.
      • Represented client in multi-party CERCLA cost recovery and contribution action brought by owner of contaminated property against prior owners and operators of property seeking recovery of portions of multimillion dollar investigation and remediation costs.
      • Defended consumer product manufacturer in premises liability asbestos cases in Illinois, Delaware, and California, including drafting motions that ultimately resulted in dismissal of all claims against client.
    • Fair Housing Litigation Representative Experience
      • Counsels multiple nationwide multifamily housing providers on handling fair housing issues encountered with tenants, ranging from responding to requests to allow service dogs and comfort animals at no-pet properties, demands to provide alternative amenities, and claims of discrimination based upon age, race, gender, familial status, sexual orientation, disability, and other protected classes.
      • Represented nationwide multifamily housing provider, apartment complex, and property manager in fair housing investigation brought by Virginia Fair Housing Office as result of complaint filed by former tenant alleging discrimination based upon age and disability; secured complete dismissal of complaint based upon lack of evidence to support claimed discrimination.
    • Product Liability Representative Experience
      • Serves on National Class Actions team for international building products manufacturer, devising strategy and preparing motions and appellate briefs for defending against putative nationwide and statewide class actions alleging unfair and deceptive trade practices, fraud, misrepresentation, and breach of warranty brought in multiple federal and state jurisdictions.
      • Represents manufacturer of tobacco products in state court action involving allegations that plaintiff’s use of cigarettes worked in synergy with his exposure to asbestos products to cause his lung cancer; Obtained dismissal in trial court based upon improper joinder of client with asbestos-related defendants and drafted appellate brief that secured dismissal of plaintiff’s appeal for lack of final judgment.
      • Counsels manufacturers and distributors of consumer products in matters involving Consumer Products Safety Commission’s Consumer Complaint Database, including assisting clients with responding to consumer complaints and managing Commission investigations.
      • Assisted international consumer outdoor products manufacturer in defense of multimillion dollar personal injury lawsuit alleging defects in its riding lawn tractor, which was resolved for 0.0006% of damages claimed in plaintiff’s complaint.
      • Supported trial team in defense of “popcorn lung” personal injury action brought against chemical distributor by industrial worker that resulted in judgment well below final settlement offer.
      • Defended international construction machinery manufacturer in wrongful death action brought on behalf of deceased forklift operator overcome by carbon monoxide, securing dismissal of all claims against client.
      • Assisted international boiler manufacturer with conducting due diligence on potential acquisition in United States, investigating target entity’s multimillion dollar asbestos liability exposure and aiding client in avoiding overly risky purchase.