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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
  • Employment
  • Appeals
Super Lawyers
Recognized By Best Lawyers | 2022
State Bar of California | California Board of Legal Specialization
Avvo Rating 10.0 Superb
Rated By Super Lawyers | Brian J. Malloy | 5 Years
The National Trial Lawyers | Top 100 Trial Lawyers


Brian Malloy represents plaintiffs in state and federal courts in cases involving product liability, serious personal injury, wrongful death, elder abuse, consumer fraud and protection, select employment matters, class/collective actions, and appeals.

Brian 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 has represented clients in all aspects of litigation, including successfully obtaining and opposing summary judgment motions, trials to verdict in California and Nevada state courts as well as federal court, post-judgment proceedings, and appeals. The State Bar of California Board of Legal Specialization has certified him as an Appellate Law Specialist. Examples of the results on behalf of his clients are listed below.

Brian has been selected by his peers for inclusion in The Best Lawyers in America for 2016-2024, to Super Lawyers (Northern California) for 2016-2023, and to Super Lawyers' Northern California Rising Stars for 2010-2014. He was also selected as a Finalist for 2021 Consumer Attorney of the Year from the Consumer Attorneys of California.

Brian 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. Law San Francisco (formerly 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 College of the Law, San Francisco (formerly U.C. Hastings), earning Order of the Coif, and graduating as Valedictorian. Brian attended 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.


  • University of California College of the Law, San Francisco (formerly U.C. Hastings)
    • Honors: Valedictorian
    • Honors: Order of the Coif
    • Honors: Tony Patiño Fellow
    • Honors: Thurston Society
    • Law Journal: Hastings Law Journal, Member
  • 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

Published Works

  • Is There Really an Agreement to Arbitrate?, Plaintiff Magazine, May 2023
  • Overlooked Aspects of Opposing Summary Judgment, Plaintiff Magazine, October 2021
  • Proving Implied Permission, Plaintiff Magazine, August 2020
  • Tolling Collective Actions 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


  • Finalist, 2021 Consumer Attorneys of California’s Consumer Attorney of the Year
  • The Best Lawyers in America, 2016 - 2024
  • Super Lawyers (Northern California), 2016 - 2023
  • 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 10 Personal Injury Settlements in California, 2022
  • 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

Notable Cases

  • $18.5 million settlement for minor seriously injured at summer camp sponsored by city
  • $10.5 million settlement for pedestrian struck by a commercial truck, sustaining serious brain and physical injuries
  • Collective Action Counsel in a national overtime action obtaining favorable ruling on the calculation of overtime owed to the employees (Zulewski v. Hershey Co., 2013 WL 633402 (N.D.Cal. 2013))
  • Collective Action Counsel in a national overtime action and obtaining summary judgment 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 for family involved in accident in construction zone against the State of California and contractors, following the denial of summary judgment motions
  • $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
  • Represented families of aviation accident victims, including confidential settlements with government contractors for 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 was injured when doored; final judgment over four times insurance company’s final pre-trial offer
  • Confidential settlements involving federal and California law wage and hour claims, 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.