Brian’s practice focuses on the defense of corporate clients in complex litigation, with particular emphasis on pharmaceutical product liability matters in multidistrict litigation (MDL) and coordinated state court proceedings. Brian develops defensive strategies and prepares company and expert witnesses, and has been responsible for drafting and arguing successful dispositive, in limine, and Daubert/Frye motions for many of his clients.
Representative Matters
Represented major pharmaceutical companies that manufacture and market acid-reducing therapies, antibiotics, opioids and numerous other prescription and OTC medications.
Represented a major pharmaceutical company in product liability litigation surrounding alleged serious skin reactions associated with the use of various prescription and OTC medications.
Represented a leading generic pharmaceutical manufacturer in product liability litigation surrounding alleged serious liver injuries associated with the use of acetaminophen.
Prepared successful Daubert and summary judgment motion on behalf of a weight loss company selling meal plans, disqualifying a plaintiff’s expert witnesses, each of whom claimed that soy-based products caused hypothyroidism.
Drafted a motion in limine in a consolidated product liability matter against the manufacturer of an antidepressant medication. The motion sought to preclude evidence and testimony from the plaintiffs’ life care planning experts regarding future medical costs and expenses. Granting the motion, the Court held that the experts’ opinions were speculative and conjectural because the purported experts failed to conduct a meaningful investigation into the plaintiffs’ medical history or apply a generally accepted methodology with respect to life care planning.
Represented a major pharmaceutical company, as well as a medical practice and various nurse practitioners, in cases alleging serious side effects associated with the use of an injectable birth control medication.
Represented an accounting and consulting firm sued under the Family and Medical Leave Act (FMLA) by a former employee of their client. The matter presented an issue of first impression on the proper test in the Fourth Circuit for defining “employer” under the FMLA. After extensive briefing, a federal judge applied the “economic reality” test, adopting Brian’s argument and entering a judgment in favor of the client.
Publications
Courts Increasingly Recognize Federal Preemption of Claims Involving All FDA-Approved Medications, DRI For the Defense, September 2016 (with Derek M. Stikeleather).
Media
Shook Hardy Adds 6 in Phila. as One-Time Dechert Colleagues Reunite, The Legal Intelligencer, March 2, 2020.