Nicholas A. Migliaccio

Nicholas A Migliaccio is a founding partner of Migliaccio & Rathod LLP. He has been practicing for over 20 years and litigates across the firm’s practice areas that include representing as a plaintiff's counsel in class and collective actions for wage and hour violations, civil rights violations, defective products, and unfair and deceptive trade practices. He has successfully prosecuted numerous noteworthy class and mass action cases over the course of his career and has been appointed class counsel in both litigation and settlement classes. He takes great satisfaction in standing up for people who are unable to stand up for themselves against large corporations, and he works hard to gain meaningful relief for people who may otherwise never get any. He has been recognized by his peers as a Superlawyer in 2016 to the present.

Clients and co-counsel recognize him for his judgment, and Mr. Migliaccio has been repeatedly recognized as a leader as a consumer protection lawyer, serving as lead or co-lead class counsel in numerous significant class action cases, and as a member in of Plaintiffs’ steering committees in multiple multidistrict or consolidated litigations, including the In Re Valsartan MDL and In re Chevy Bolt.

Mr. Migliaccio graduated from the State University of New York at Binghamton in 1997 (B.A., cum laude in Environmental Studies and Philosophy) and received his law degree from Georgetown University Law Center in 2001, where he was an Editor of the Georgetown International Environmental Law Review. Before becoming a notable consumer protection lawyer, he spent his second-year summer at the United States Environmental Protection Agency and after law school joined an effort to bring a class action against a major oil company that had polluted hundreds of properties in the District of Columbia. In additional to his environmental work, Nick has played a significant role in the prosecution of the following notable cases:s:

• Represented, plaintiff’s counsel , to assistant managers in a Fair Labor Standards Act misclassification case and served as a member of the trial team for a six-week jury trial that resulted in a $2.5 plaintiff’s verdict. After the verdict, nearly a dozen wage and hour cases against the defendant from across the country were consolidated in a multi-district litigation, which ultimately settled for $42 million.
• Represented worker class in wage theft assistant manager misclassification case against national restaurant chain that culminated in a $16.5 million settlement
• Represented worker class in wage theft rate miscalculation case against multinational fracking company, resulting in $6 million settlement
• Represented, as a consumer protection lawyer, in a consumer class action defective laptop case against multinational computer manufacturer, resulting in a nationwide settlement where defendant agreed to refund $100 cash or issue a $250 voucher (which required no purchase to use) to owners of the laptops.
• Represented pre-trial detainees who were subjected to unlawful strip searches prior to their admission at Allegheny County Jail, located in Pittsburgh, PA. After winning class certification, partial summary judgment on liability, and an injunction, the case settled for $3 million.
• Represented New York City street vendors in a pro bono class action suit against the City of New York for excessive fines and helped secure a settlement with a value of over $1 million.
• Represented owners and residents of properties in the District of Columbia, plaintiff’s counsel, that were contaminated with gasoline constituents from leaking underground storage tanks that were installed by a major oil company. The plaintiffs alleged that the contamination interfered with the use and enjoyment of their property, impacted their property values. After extensive litigation, the case settled for $6.2 million.

Admissions

• New York
• Washington, D.C.
• United States Court of Appeals for the Third Circuit
• United States Court of Appeals for the Fourth Circuit
• United States Court of Appeals for the Sixth Circuit
• United States District Court for the District of Columbia
• United States District Court for the District of Maryland
• United States District Court for the Eastern District of Michigan
• United States District Court for the Eastern District of New York
• United States District Court for the Northern District of New York
• United States District Court for the Southern District of New York
• United States District Court for the Western District of New York
• United States District Court for the Western District of Pennsylvania
• pro hac vice admission in courts across the country

Education

• Georgetown University Law Center, J.D., 2001
• State University of New York at Binghamton, BA, 1997

Publications and Speaking Engagements:

• Co-authored “Environmental Contamination Treatise: Overview of the Litigation Process,” in R. Simons, Ph.D, When Bad Things Happen to Good Property (Environmental Law Institute, 2005).
• Presentation on Litigating Fair Labor Standards Act Collective Action Cases, Worker’s Injury Litigation Group / Ohio Association of Justice Convention, Fall 2011.
• Presentation on The Motor Carrier Act Exception to the FLSA’s Overtime Provisions - 13(b)(1) and the SAFETEA-LU Amendments, Worker’s Injury Litigation Group / Ohio Association of Justice Meeting, Winter 2014.

Awards

SuperLawyers, 2016, 2017 and 2018

Memberships

Nicholas Migliaccio has been a member of a number of professional organizations including the American Association for Justice, the National Employment Lawyers Association, the Metropolitan Washington Employment Lawyers Association, the Workers’ Injury Law & Advocacy Group, and the Trial Lawyers Association of Metropolitan Washington, D.C. He has spoken at a number of professional seminars on employment rights and class action topics.