Over the last 38 years, Michael has focused his law practice on plaintiff class actions, usually representing borrowers, homeowners, insureds, and employees. His clients include many low-income individuals and the Association of Community Organizations for Reform Now (ACORN). He also works with other nonprofit organizations, including Public Citizen, Public Justice (formerly Trial Lawyers for Public Justice), and the Neighborhood Legal Services Association, as well as with private law firms.
Examples of recent class actions in which he has been class counsel include Pollice v. National Tax Funding, Litig., 225 F.3d 379 (3d Cir. 2000) (Fair Debt Collection Act, etc.) (settled at $40 million); Vallies v. Sky Bank, 432 F.3d 493 (3rd Cir. 2006) (Truth-In-Lending Act; pending and settled for statutory maximum of $501,000; ongoing for actual damages); Martin v. Franklin Capital Corp., 546 U.S. 132, 126 S.Ct. 704 (2005) (ongoing in state court); and Glover v. Washington Mutual Bank, F.A., 2:08-cv-00990-RCM, U.S. District Court, Western District of PA . He was also co-counsel in Rossman v. Fleet Bank (R.I.) National Association, 280 F.3rd 384, 392-95 (3d Cir. 2002), where the Third Circuit held that the credit card issuer violated the Truth-In-Lending-Act by charging an annual fee within months of promising not to charge such fees. On remand, the case settled for over $6 million. Michael's consumer law pleadings have been featured in a number of the National Consumer Law Center's Consumer Law Pleadings editions, including No.1 (1994), No. 4 (1998), No. 5 (1999), No. 6 (2000), No. 7 (2001), No. 8 (2002), and No. 9 (2003).
Michael is a founding member of the National Association of Consumer Advocates (NACA), has served on its board, and was Chairman of the NACA Issues Committee from 1994 to 2002. He has served as a member and/or on the faculty as a lecturer on class action programs sponsored by the National Consumer Law Center and NACA, the American Bar Association, American Association for Justice (formerly the Association of Trial Lawyers of America), Practising Law Institute, Pennsylvania Bar Institute, New York Academy of Trial Lawyers, and the Allegheny County Bar Association. Currently, he is a Consumer Advocate Advisor for Consumer Financial Services Law Report.
On April 28, 2006, Neighborhood Legal Services Association honored Michael by naming its law library the “Michael P. Malakoff Law Library” in recognition of his support for equal access to justice. And on September 26, 2006, the Pennsylvania Bar Association presented him with the Jeffrey E. Ernico award in recognition of providing pro bono services throughout his legal career.
Michael P. Malakoff has been given the highest possible rating (AV) by the Martindale-Hubbell Law Directory.
For a more complete listing of some of the seminal appellate cases in which Michael was class counsel or co-counsel see Michael P. Malakoff's Verdicts and Settlements.
Areas of Practice:
Almost 100% of Practice Devoted to Litigation
Admitted and has argued in all of the U.S. Courts of Appeal but one.
Reginald Heber Smith Fellow, 1970-71
University of Pittsburgh, J.D., 1970
Carnegie Institute of Technology (now Carnegie Mellon University), 1967