Michael P. Leahey

Michael has nearly 20 years of experience in complex commercial litigation primarily in the industrial manufacturing sector. He has navigated multi-party litigation involving claims of premises liability, deliberate intent, indemnification, products liability, and workplace safety. He defends energy sector clients in general civil litigation in connection with wrongful death and personal injury claims. In addition to ensuring the best litigation outcomes for clients, he works with many different groups within a business to develop processes surrounding risk avoidance and assessment. Michael is highly familiar with the Occupational Safety & Health Administration (OSHA), the U.S. Environmental Protection Agency (EPA), and the Department of Environmental Protection (DEP) authorities. He has also handled coverage-related litigation including claims of breach of contract and bad faith relative to commercial general liability insurance and environmental insurance policies.

Whether it’s power generation, minerals and mining, chemical manufacturing, or pulp & paper, Michael is steadfast in keeping the workplace as safe and sustainable as possible. He conducts training for how to respond to accidents so that when the inevitable occurs, clients are set up to deal with OSHA and any litigation that may arise. Michael works with his clients to prevent future issues by having a thorough understanding of the client’s business, gathering all of the facts about what occurred, and determining the best resolution both in the present and in the long-term.

Michael began his legal career as a judicial tipstaff for the Honorable Ronald W. Folino in the Civil Litigation Section of the Allegheny County Court of Common Pleas. During that time, Michael assisted Judge Folino in numerous jury and non-jury trials.

Michael obtained his Bachelor of Science degree from Allegheny College in biology with an emphasis on neurophysiology. After college, he worked for several years in medical sales. He received his law degree from Duquesne University School of Law where he served as a research editor for the Duquesne University Law Review.

Representative Experience

• Obtained summary judgement on behalf of an oil and gas exploration company dismissing the claims of thirteen plaintiffs who alleged that the operations created excessive noise, traffic, dust, light, air pollution and polluted their water supplies.  See Russell, et. al. v. Chesapeake Appalachia, L.L.C., 305 F.R.D. 78 (M.D. Pa. March 2, 2015).
• Successfully represented an oil and gas exploration company in an action arising from a fatal injury at a well pad, resulting in the court issuing an opinion affirming the client’s right to protect investigative material ordered at the direction of counsel.  See Serrano v. Chesapeake Appalachia, et. al., W.D. PA 2:12cv1678 (W.D. PA).
• Obtained a defense verdict following a multi-day jury trial in favor of a landowner against claims of negligence, nuisance and conversion.
• Secured the dismissal of all criminal charges against a fraternity’s housing corporation stemming from a the unfortunate death of a pledge during bid acceptance night.
• Successfully argued a motion to dismiss all felony tax charges against a defendant based upon an improper indictment by the grand jury.  See United States v. Masciantonio, 3:17-cr-00015 (W.D. PA).
• Representation of numerous industrial premises defendants in national toxic tort litigation, securing favorable settlement in hundreds of cases.