Attorneys

Representative Matters

Trial and Appellate – Matt has extensive trial and appellate experience, serving as first-chair in bench and jury trials in the United States District Court for the District of Maryland, and briefing appeals and delivering oral argument in the Fourth Circuit.

Maine v.  Becerra, Civil No. 16-3788-GLR (D. Md.) – obtained full defense verdict in four-day jury trial.  Plaintiff alleged that NIH retaliated against him by reassigning him to a lesser position after he complained of race discrimination. Matt led the defense, drafting and arguing several motions in limine, which led to the exclusion of several pieces of evidence. Matt also cross-examined Plaintiff and put on compelling direct testimony that NIH reassigned Plaintiff for a business purpose and because he was insubordinate. After closing arguments, the jury quickly agreed that NIH did not retaliate and returned a verdict for the defense.

Sweeper, et al. v. United States, Civil No. 18-3989-BPG (D. Md.) – defended United States in federal bench trial where a USPS tractor-trailer rear-ended Plaintiffs' vehicle. Two plaintiffs claimed permanent injuries from a devastating crash. Matt obtained critical records in discovery, which he used to successfully cross examine Plaintiffs and Plaintiffs' expert, eliminating the viability of any permanent injury claim. Matt also gave the direct examination of a defense expert, who provided credible testimony on the limited nature of Plaintiffs' injuries. 

Decoster v. Becerra, Civil No. 21-2195-TDC, 2022 WL 3083343 (D. Md. Aug. 3, 2022) – prevailed on a pre-discovery motion to dismiss an employment discrimination complaint. Matt briefed and argued the appeal in the Fourth Circuit. In a published opinion, the Fourth Circuit affirmed the district court's dismissal of Plaintiff's highest value claims, constructive discharge and hostile work environment. 119 F.4th 332 (4th Cir. 2024) .

Healthcare / False Claims Act Matters – Matt conducted numerous civil investigations under the False Claims Act, with an emphasis on healthcare rules and regulations. He investigated allegations in qui tam complaints and matters originating from data-mining. Matt civilly prosecuted Fortune 500 companies, small businesses, and individuals, recovering millions of dollars for federal programs.

United States & State of Maryland ex rel. Gabriel v. Potomac Floral Wholesale, Inc., et al., Civil No. 21-0207-TDC– led the investigation of qui tam complaint alleging that floral company violated the False Claims Act by submitting false claims for unemployment insurance during the early days of the COVID-19 pandemic. Collaborated with State AG and settled the case for $1.25MM, an amount greater than treble damages. Read the full press release here.

United States v. Udochi – settled data-mining case against Maryland physician for $663,094.76. Physician allegedly ignored the language of the HCPCS code, National Coverage Determination, and Local Coverage Articles, billing Medicare and Medicaid for a surgical procedure without performing a single surgery on her patients. Read the full press release here.

Class Actions / Complex Challenges to Government Action – Matt defended class actions in federal court, including cases seeking nationwide injunctive relief.  Matt also defended large-scale challenges to government action under the Administrative Procedure Act.

J.O.P. et al. v. Department of Homeland Security, Civil No. 19-1944-SAG (D. Md.) – after a two-day marathon settlement conference with the Chief Magistrate Judge, the Government settled a nationwide class action case relating to how it processes asylum applications for unaccompanied minor children. Matt received a DOJ Civil Division Special Commendation for his work in this matter.  

Humane Society of United States v. NIH, Civil No. 21-121-LKG (D. Md.) – defended action alleging that NIH wrongfully refused to transfer federally-owned chimpanzees to a chimpanzee sanctuary. After briefing and arguing several motions, the case settled. 

Employment Claims – Matt defended various federal agencies against all types of employment claims, including discrimination and retaliation claims arising under Title VII, ADA, and ADEA.

Proctor v. Harker, 2022 WL 1227067 (D. Md. Apr. 26, 2022) - won pre-discovery motion to dismiss or for summary judgment where Plaintiff alleged that the Navy discriminated against him in violation of Title VII and the ADEA. Plaintiff alleged that the Navy refused to select him for a position to which he had applied, falsely accused him of misconduct on the job, reduced his job status and pay grade, and coerced him to sign a settlement agreement that forced his retirement. The Court found that Plaintiff voluntarily released his claims and granted the dispositive motion. After briefing the appeal, the Fourth Circuit affirmed. Proctor v. Del Toro, 2023 WL 8064530 (4th Cir. Nov. 21, 2023).

Smith v. Austin, Civil No. 19-2572-ELH, 2021 WL 3418843 (D. Md. Aug. 5, 2021) - won pre-discovery motion to dismiss in workplace discrimination case. The Court agreed that Plaintiff missed her deadline to file a federal complaint, and even though she missed the deadline by only two days, the Court dismissed the Complaint.  

Personal Injury Matters – Matt has significant experience with personal injury claims, handling the defense of significant motor vehicle accidents, premises liability claims, and allegations of medical malpractice.

LaFrance v. United States, Civil No. 19-1588-SAG (D. Md.) – led the defense of an alleged brain injury case where plaintiff sought millions in compensatory damages and lost wages. Matt obtained favorable deposition testimony from Plaintiff's expert and Plaintiff's medical providers. Matt presented strong expert reports from a Johns Hopkins neurologist, who opined that Plaintiff could not have suffered a traumatic brain injury, and Johns Hopkins neuropsychologist, who opined that Plaintiff's neurological testing demonstrated that she was malingering. 

McCoy v. United States, Civil No. 20-1899-PJM (D. Md.) – litigated premises liability case where Plaintiff alleged she slipped and fell on USPS property, breaking her ankle. Obtaining damaging documentary evidence through subpoenas, and collecting important deposition testimony from Plaintiff and Plaintiff's treating physicians, Matt effectively combatted Plaintiff's allegation that she had permanent complex regional pain syndrome.

Byus v. United States, Civil No. 20-3438-GJH (D. Md.) – defended medical malpractice claim where Plaintiff alleged that his post-surgery fall at Walter Reed caused permanent injuries.