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Brian J. Malloy

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Practice Areas:

  • Product Liability
  • Severe Personal Injury/Wrongful Death
  • Elder Abuse
  • Class Actions
  • Consumer Fraud/Protection
  • Aviation
  • Defective Pharmaceuticals/Medical Devices
  • Employment
  • Appeals
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Biography

Brian Malloy is admitted to the bars of California, Nevada, Arizona, and Washington, D.C., along with several federal courts, including the United States Supreme Court. He represents clients in state and federal courts in product liability matters involving aviation and aircrafts, motor vehicles, pharmaceuticals, medical devices, and other defective products. Brian also represents clients in matters involving serious personal injury, wrongful death, cases against government entities, elder abuse, consumer fraud and protection, select employment matters, class/collective actions, and appeals.

Brian has been selected by his peers for inclusion in The Best Lawyers in America for 2016-2022, to Super Lawyers (Northern California) for 2016-2021, and to Super Lawyers' Northern California Rising Stars for 2010-2014. He is certified as an Appellate Law Specialist by the State Bar of California Board of Legal Specialization and was a 2021 Finalist for Consumer Attorney of the Year from the Consumer Attorneys of California. He has experience in all areas of litigation, including all aspects of discovery, successfully obtaining and opposing summary judgment motions, trials to verdict in California and Nevada state courts as well as federal court, post-judgment enforcement proceedings, and appeals. Examples of some of his recent experience include:

  • $10,500,000 settlement on behalf of a pedestrian who was struck by a commercial truck while crossing the street, sustaining serious brain and physical injuries;
  • Appointed Collective Action Counsel in a national overtime action and obtained favorable ruling on the calculation of overtime owed to the employees (Zulewski v. Hershey Co., 2013 WL 633402 (N.D.Cal. 2013));
  • Appointed Collective Action Counsel in a national overtime action and obtained summary judgment in favor of the employees holding that the employees were entitled to overtime pay (Campanelli, et al. v. The Hershey Company, 765 F.Supp.2d 1185 (N.D.Cal. 2011));
  • Substantial involvement at trial and on appeal regarding a $15 million jury verdict on behalf of man who was rendered a quadriplegic as a result of a defective vehicle, which was affirmed by a federal appeals court (Pierson v. Ford Motor Company, 455 Fed.Appx. 966 (9th Cir. 2011));
  • $3 million settlement with the State of California for individual injured by a dangerous condition of public property, obtained after denial of the State's summary judgment motion (2020);
  • Represented individuals injured in accidents involving commercial trucks, buses and taxi cabs, including a $2.6 million policy limits wrongful death settlement on behalf a husband whose wife was killed by a commercial truck; $2 million settlement on behalf of a woman struck in a crosswalk by a bus; $1.3 million settlement on behalf of a taxi cab passenger injured in an accident; $700,000 settlement on behalf of a tourist injured while on a tour bus; $650,000 settlement on behalf of a woman injured in an auto accident; and settlement on behalf of a tourist/taxi cab passenger injured in an accident;
  • Represented families of aviation accident victims, including confidential settlements with government contractors on behalf of a family of military serviceman; family whose son was killed in an airplane crash during pilot training; families of firefighters who died in a helicopter crash; family of passenger who died in an airplane crash; and family of a passenger of foreign airliner who died in aircraft accident during international flight;
  • $463,550 jury verdict on behalf of helmeted bicyclist who sustained a concussion after being launched from her bicycle when defendant opened his door into her lane of travel; final judgment over four times insurance company's final pre-trial offer;
  • Confidential FLSA collective action settlements involving California and federal law wage and hour claims;
  • Confidential settlements on behalf of employees against employers for overtime violations, meal and rest break violations, employment discrimination and retaliation;
  • Represented families of victims of nursing home abuse, including obtaining settlements of $750,000, $500,000 and of confidential amounts;
  • Represented individuals injured by Actos, Fosamax, Avandia and Vioxx prescription drugs and Guidant and Medtronic medical devices;
  • Successful enforcement of an over $12 million judgment against government agency who refused to satisfy judgment even after being held in contempt of court.

Brian also frequently authors articles on various aspects of litigation. He serves as a volunteer General Counsel for The Tony Patiño Fellowship, a nonprofit organization that awards law-school scholarships at U.C. Hastings, the University of Chicago and Columbia University. Prior to joining The Brandi Firm, Brian served as a law clerk to the Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit. He attended the University of California, Hastings College of the Law, earning Order of the Coif, and graduating as Valedictorian. Brian is a graduate of the University of Oregon, Robert D. Clark Honors College, where he graduated Phi Beta Kappa and summa cum laude. A native of Eureka, California where he graduated from Saint Bernard High School, Brian lives in San Francisco with his wife.

Education

  • University of California, Hastings College of the Law, San Francisco, California
    • Honors: Valedictorian
    • Honors: Order of the Coif
    • Honors: Tony Patiño Fellow
    • Honors: Thurston Society
  • University of Oregon, Robert D. Clark Honors College
    • B.A.
    • Honors: summa cum laude
    • Honors: Phi Beta Kappa
    • Major: Political Science
    • Minor: Business Administration
  • Saint Bernard High School

Bar Admission

  • California
  • Nevada
  • Arizona
  • District of Columbia
  • U.S. District Court Northern District of California
  • U.S. District Court Eastern District of California
  • U.S. District Court Central District of California
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals 3rd Circuit
  • U.S. Supreme Court
  • U.S. District Court District of Nevada

Certified Legal Specialties

  • Certified Appellate Law Specialist, State Bar of California Board of Legal Specialization, 2021

Published Works

  • Overlooked Aspects of Opposing Summary Judgment, Plaintiff Magazine, October 2021
  • Proving Implied Permission, Plaintiff Magazine, August 2020
  • Tolling Collective Action Under the Fair Labor Standards Act, Plaintiff Magazine, July 2019
  • Federal Court Discovery and Deposition Practice: An Update and Overview, Plaintiff Magazine, August 2018
  • Defeating Liability Waivers and The Primary Assumption of Risk Defense, Plaintiff Magazine, March 2017
  • Person Most Qualified Deposition-Tools and Tips, CAOC Forum, March/April , 2016
  • The Attorney-Expert Work Product Protection Under the Federal Rules, Plaintiff Magazine, February, 2016
  • Using Deposition Testimony At Trial, The Advocate, January, 2016
  • Using Deposition Testimony At Trial, Plaintiff Magazine, February, 2015
  • Navigating Collective Actions, Plaintiff Magazine, November, 2013
  • Discovery and Deposition Practice In Federal Court, Plaintiff Magazine, November, 2012
  • Offensive Use of Summary Judgments: Knocking Out Affirmative Defenses, Plaintiff Magazine, July, 2011
  • Enforcing Judgments Against Local Public Entities in California, The Trial Lawyer, Summer, 2009
  • Effective Use of the PMK Deposition, The Trial Lawyer, Summer, 2008
  • Binding Interest Arbitration in the Public Sector: A 'New' Proposal for California and Beyond, 55 Hastings L.J. 245, Nov., 2003

Honors

  • Finalist, 2021 Consumer Attorneys of California’s Consumer Attorney of the Year
  • The Best Lawyers in America, 2016 - 2022
  • Super Lawyers (Northern California), 2016 - 2021
  • Northern California Rising Stars (Super Lawyers), 2010 - 2014
  • National Trial Lawyers, Top 100, 2016 - Present
  • National Trial Lawyers, Top 40 under 40, 2016 - 2020
  • Listed in Top Verdict’s Top 20 Personal Injury Settlements in California and Top 100 Personal Injury Settlements in the United States, 2020
  • Listed in The Recorder’s Top Verdicts & Settlements In The West, 2020
  • Listed in Top Verdict’s Top 50 Settlements in California for 2016 and 2017
  • Listed in The Recorder’s Top California Verdicts & Settlements for 2011, 2016 and 2017
  • Listed in Leaders in the Law’s Top Northern California Settlements for 2016

Pro-Bono Activities

  • Member, Barristers Club Pro Bono and Community Service Committee (BASF members practicing less than ten years) (2009-2014)
  • The Tony Patiño Fellowship, General Counsel
  • Northern California Chapter of UO Alumni Association , Treasurer and Board of Directors

Professional Associations

  • American Association for Justice, Member
  • Consumer Attorneys of California, Member
  • National Trial Lawyers Association, Member

Past Positions

  • Hon. Melvin Brunetti, United States Court of Appeals for the Ninth Circuit, Law Clerk, 2004 to 2005