Donald R. McMinn litigates a variety of complex civil matters, with a current focus on pharmaceutical products liability and insurance coverage litigation.
Mr. McMinn has considerable experience defending Firm clients involved in MDL proceedings, from the time of the decision to petition for MDL status through the multi-month trial and settlement of "bellwether" plaintiffs. He leads both Firm attorney teams and local counsel teams in implementing a unified and consistent strategy across multiple jurisdictions in which simultaneous discovery is proceeding. He conducts depositions, develops expert testimony concerning causation and damages issues, and engages in motion practice and oral argument to eliminate opponents' causation experts on Daubert grounds.
Mr. McMinn works extensively on behalf of policyholders seeking to maximize coverage. In doing so, he has developed strong relationships with specialized accounting consultants and has significant experience in the use of sophisticated computerized allocation models. He represents clients involved in litigation of issues arising out of overlapping coverage, including the application of other-insurance clauses and the impact vel non on the insured of the contribution and subrogation claims of one of its insurers against another. He advises clients with respect to coverage issues arising out of product liability claims, workplace exposure to noise and hazardous substances, and environmental matters.
Mr. McMinn regularly speaks to groups of policyholders and lawyers concerning insurance topics, including managing the insured-insurer relationship and securing defense costs in the event of a conflict between an insured and its insurers. He has served on the editorial board of the Insurance Coverage Law Bulletin since 2009.
During law school, Mr. McMinn served as a Note & Comment Editor for the New York University Law Review. After law school, he clerked for Chief Judge Manuel L. Real of the United States District Court for the Central District of California.
Mr. McMinn is named in the 2023 edition of Best Lawyers for Insurance Law and Litigation-Insurance, and in the 2023 Washington, DC edition of Super Lawyers for Insurance Coverage. He is recognized as an AV Preeminent Lawyer by Martindale-Hubbell.
Publications
Litigation Funding Slides Downmarket
By Joe Hollingsworth and Don McMinn, for Washington Legal Foundation.
Broad Duty to Defend in Illinois
Donald R. McMinn, LJN’s Insurance Coverage Law Bulletin (June 2015).
National Union v. Norfolk Southern: Defining the Scope of Insurance Available to Additional Insureds
By Donald R. McMinn for LJN's Insurance Coverage Law Bulletin.
Pennsylvania Superior Court Confirms CGL Coverage
Donald R. McMinn for LJN's Insurance Coverage Law Bulletin
U.S. District Court Finds Coverage Survives Procedural Changes Of Bankruptcy
LJN's Insurance Coverage Law Bulletin (February 2010) (Donald R. McMinn)
Using Staff Counsel to Defend Insureds
LJN's Insurance Coverage Law Bulletin (December 2008) (Donald R. McMinn)
Transactional Lawyers Under Fire: A Look At Coverage Questions Arising in the Context of Securities Class Action Suits Against Legal Professionals
Tort Trial & Insurance Practice Law Journal (Summer 2003) (Donald R. McMinn)
Is Three a Crowd? Counsel, Client and Insurer Relations When an Insurer Defends Under Reservation of Rights
NACUA 43rd Annual Conference (June 22-25, 2003) (Donald R. McMinn)
Can the Innocent Survive Rescission?
Insurance Coverage Law Bulletin, Law Journal Newsletters (April 2003) (Donald R. McMinn)
Coverage Issues Arising in Securities Class Actions Against Transaction Attorneys
Insurance Coverage Law Bulletin (August 2002) (Donald R. McMinn)
The Duty to Defend Following Buss and Domtar: Restrictions on Insurance Carriers' Ability to Avoid Defense Costs Through Allocation
Mealey’s Litigation Report: Insurance (October 21, 1997) (Donald R. McMinn)
Latex Products Liability Litigation and CGL Coverage
Mealey's Litigation Reporter: Latex (May 1997) (Donald R. McMinn)
