About Our Co-Counsel: Mike Melkersen

A recognized name in emissions litigation:

Michael Melkersen has been practicing law for more than a decade specializing in business fraud litigation. While still in law school, Melkersen developed and wrote the argument that ultimately led to the decision in Maximum Home Health Care, Inc. v. Shalala, Secretary of HHS, 272 F.3d 318 (6th Cir. 2001), which has been included by United States Supreme Court Justice Breyer in his textbook on administrative law. Early in his career, Melkersen obtained sanctions against one of the largest commercial law firms in Maryland, which changed the landscape of permitted practices in Maryland commercial and bankruptcy litigation and has been cited by numerous courts since that time. Melkersen has taken multiple cases to the Virginia Supreme Court, including the recent case of Property Damage Specialists, Inc. v. Aaron Rechichar, 790 S.E.2d 237 (Va. 2016), in which Melkersen persuaded the Virginia High Court to side with his client on an important issue relating to punitive damages. 
 
Melkersen has a reputation of fearlessly and aggressively taking on some of the world’s largest corporations, including the likes of Eli Lilly & Company (pharmaceutical manufacturer), Landstar Ranger, Inc. (trucking company), and Frito-Lay (snack manufacturer/distributor), to name just a few, against which Melkersen has obtained verdicts and settlements of tens of millions of dollars for his clients. Most recently, Melkersen served as one of the lead attorneys against Volkswagen in the so-called Dieselgate scandal. In that litigation, Melkersen represented more than 1000 clients who opted out of the nationwide settlement class, was the first lawyer to overcome all of Volkswagen’s defenses to get a case to trial and settled the very first case against Volkswagen nationwide. In leaving no stone unturned, Melkersen forced Volkswagen to produce at least 3,956,499 documents containing 27,085,940 pages of material and took depositions of at least 22 fact witnesses from Volkswagen. 
 
Melkersen’s work has been featured in the New York Times, the Wall Street Journal, CNN, MSNBC, CNN, Reuters, Fox News, the Washington Post, the Daily Show and many others. Melkersen was also featured in the recent Netflix Documentary “Dirty Money” after personally uncovering Volkswagen’s fake scientific research involving testing on monkeys, a discovery that made headlines worldwide and was condemned by the public and world leaders. Melkersen’s research in the Volkswagen cases has been sought out by the United States Department of Justice in preparing to indict former Volkswagen AG CEO Martin Winterkorn, and has been requested by the United States Securities and Exchange Commission in preparing its recently-filed securities fraud case against Volkswagen for conduct relating to the Dieselgate scandal. Melkersen’s work will also be featured in the upcoming book, The Triumph of Doubt, Dark Money and the Science of Deception, set for release by Oxford Press in early 2020, and is written by David Michaels, former head of Occupational Safety and Health Administration (“OSHA”) under President Obama.
 
Melkersen has been the recipient of several awards and honors in connection with his law practice, most recently being selected as the 2019 Business Litigation Lawyer of the Year – USA by Finance Monthly Magazine. Melkersen also been selected as one of the top 10 personal injury lawyers in Virginia by the National Academy of Personal Injury Attorneys, and Melkersen was named as one of the Top Attorneys In North America by the New York Who’s Who Directories, and within that organization, Melkersen was named to the “President’s Circle” – an honor reserved for only the top 2% of all attorneys included in that organization. The National Trial Lawyers selected Melkersen as one of the Top 100 attorneys for personal injury in Virginia. Melkersen is a lifetime member of the Million Dollar Advocates Forum, and the Multi-Million Dollar Advocates Forum, The Top Trial Lawyers in America (fewer than 1% of U.S. lawyers are members). Most importantly, Melkersen’s clients have consistently given him the best possible rating of 5 out of 5 stars on the well-known AVVO lawyer rating service, which has led to Melkersen receiving the prestigious AVVO’s Client’s Choice Award.