Nicholas A. Migliaccio

1625 Massachusetts Ave., NW, Suite 605
Washington, D.C. 20036
Main Telephone: (202) 429-2290
Direct Telephone: (202) 640-1164
Fax: (202) 429-2294
E-mail: nmigliaccio@masonlawdc.com 
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Nicholas A. Migliaccio joined Mason LLP as an associate in 2003.  Prior to joining Mason LLP, Mr. Migliaccio was an associate at Environmental Protection International, where he worked on environmental matters.  He currently represents plaintiffs in a variety of class action cases involving claims for civil rights violations, unpaid overtime, defective products, and unfair and deceptive trade practices.  He has also represented plaintiffs in environmental cases, including Nnadili, et al. v. Chevron U.S.A., Inc., No. 02-cv-1620 (D.D.C.), where the plaintiffs secured a $6.2 million settlement for owners and residents of 200 properties contaminated with petroleum products.   

Mr. Migliaccio's civil rights practice includes representing plaintiffs who were subjected to unconstitutional strip searches after only being accused of minor crimes.  These cases include: Williams v. County of Niagara, 06-0291 (W.D.N.Y.) (class certification granted); Delandro et al. v. County of Allegheny, 06-927 (W.D. Pa.) (class certification granted, and partial summary judgment on liability granted for the plaintiffs); and Boone v. City of Philadelphia, 05-1851 (E.D. Pa.) ($5.9 settlement for class of pre-trial detainees).  He also represent plaintiffs who were subjected to wiretapping of their phones in In re National Security Agency Telecommunications Records Litigation¸ MDL Docket No. 06-1791(N.D. Cal.), where he and Gary Mason were named interim class counsel for the Sprint subscriber class.       

Mr. Migliaccio devotes a substantial portion of his practice to wage and hour claims.  He was a member of the trial team in Stillman v. Staples, Inc., 07-cv-849 (D.N.J.), where, after a six-week jury trial, a unanimous jury returned a verdict for almost $2.5 million against Staples on behalf of 342 current or former Staples "sales managers" for unpaid overtime under the FLSA.  After the verdict, nearly a dozen wage and hour cases against Staples were consolidated into a single multidistrict litigation, In re: Staples, Inc., Employment Practices Wage & Hour Litigation, MDL 2025, which settled for $42 million. His other unpaid overtime cases include Jacobson v. Comcast et al., 09-562 (D. Md.) (brought on behalf of cable technicians); Tahir v. Avis Budget Group, Inc., 09-3495 (D.N.J.) (brought on behalf of Avis "airport managers"); and Lew v. Pizza Hut of Maryland, Inc., 09-CV-3162 (D. Md.) (brought on behalf of Pizza Hut "assistant managers" and "manager trainees"). 

Mr. Migliaccio has also represented consumers in class actions for a variety of defective products, including defective concrete, defective trimboard, and defective home construction.  His cases in this area currently include: Elliott v. KB Home-Raleigh/Durham, Inc., 08-021190 (N.C. Super. Ct., Wake County) (brought on behalf of plaintiffs who purchased homes that were improperly constructed without a secondary weather barrier); Kelly v. Georgia Pacific, LLC, et al., 08-cv-00197 (E.D.N.C.) (brought on behalf of plaintiffs whose homes were constructed with defective trimboard); Hart, et al. v. Louisiana-Pacific Corp., 08-00047 (E.D.N.C.) (brought on behalf of plaintiffs whose homes were constructed with defective trimboard). 

Mr. Migliaccio graduated from the State University of New York at Binghamton in 1997 (B.A., cum laude) and received his law degree from Georgetown University Law Center in 2001, where he was an Editor of the Georgetown International Environmental Law Review.  Mr. Migliaccio 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).  He is admitted to practice in the District of Columbia and New York.