Brian J. Malloy Attorney

First Admitted: 2004, California

Professional Webpage: https://www.brandilaw.com/attorneys/brian-j-malloy/

Bar/Professional Activity:

Northern California Chapter of UO Alumni Association, Treasurer and Board of Directors
California
U.S. Supreme Court
U.S. Court of Appeals 3rd Circuit
U.S. Court of Appeals 9th Circuit
U.S. District Court District of Nevada
U.S. District Court Central District of California
U.S. District Court Eastern District of California
U.S. District Court Northern District of California
District of Columbia
Arizona
Nevada
Consumer Attorneys of California, Member
National Trial Lawyers-Top 40 Under 40 (2016-2020)
The Tony Patiño Fellowship, General Counsel
National Trial Lawyers-Top 100
American Association for Justice, Member

Verdicts/Settlements (Case Results):

$18.5 million settlement for minor injured at summer camp sponsored by a city, 2022
$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, 2023
Confidential settlement on behalf of a group of former employees who alleged employment discrimination led to their terminations, 2016
$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), 2020
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.Aug.04, 2011), 2011
$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, 2014
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), 2013
$650,000 settlement for 89-year-old woman who was involved in a motor vehicle accident breaking her legs and sternum and dislocating shoulder, 2011
$500,000 settlement prior to trial on behalf of family in an elder abuse and wrongful death action against a nursing home, 2007
$700,000 settlement on behalf of a tourist injured while on a tour bus, 2016
Confidential settlement on behalf of family of passenger of foreign airliner who died in aircraft accident; claims against airliner brought under Montreal Convention treaty for injury or death during an international flight, 2015
$2,000,000 settlement involving plaintiff, 64, retired, who was legally blind and accompanied by a service dog, who was struck in a crosswalk by a private bus in San Francisco, sustaining a comminuted left lateral tibial plateau fracture and permanent loss of taste and smell, 2011
$2.6 million policy limits wrongful death settlement on behalf a husband whose wife was killed by a commercial truck, 2017
Confidential settlement on behalf of a tourist injured when a San Francisco taxi cab she was riding in ran a red light and crashed causing her significant injuries, 2014
$750,000 settlement prior to trial on behalf of family in an elder abuse and wrongful death action against a nursing home, 2007
$10.5 million settlement obtained on behalf of pedestrian who was struck by a commercial truck while crossing the street, sustaining serious brain and physical injuries., 2016
Confidential settlement on behalf of group of employees who were retaliated against and terminated for asserting employment rights, 2015
Confidential settlement on behalf of family of passenger who died in an airplane crash, 2016
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), 2011
$1.3 million settlement for woman seriously injured when taxi cab in which she was a passenger collided with a van driven by an employee of three companies, 2009
In re Helicopter Crash Near Weaverville, California- Confidential settlement on behalf of two families of firefighters killed in a helicopter crash, 2010
Confidential settlement on behalf of family of student killed in an airplane crash during flight school training, 2010

Special Licenses/Certifications:

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

Pro bono/Community Service:

Barristers Club Pro Bono and Community Service Committee (BASF members practicing less than ten years) (2009-2014), 2009

Honors/Awards:

The Best Lawyers in America©, Best Lawyers, 2025
The Best Lawyers in America©, Best Lawyers, 2024
Top 20 Personal Injury Settlements in the United States, 2022, Top Verdict, 2022
Top 50 Personal Injury Settlements in California, 2023, Top Verdict, 2023
The Best Lawyers in America©, Best Lawyers, 2023
Top 10 Personal Injury Settlements in California, Top Verdict, 2022
The Best Lawyers in America© for 2022, The Best Lawyers in America©, Best Lawyers, 2022
Finalist, Consumer Attorney of the Year, Consumer Attorneys of California, 2021
Listed in The Recorder’s Top California Verdicts & Settlements, 2011, 2016 and 2017
Northern California Rising Stars (Super Lawyers), 2010 – 2014
Super Lawyers (Northern California), 2016-2021
The Best Lawyers in America© for 2021, The Best Lawyers in America©, Best Lawyers, 2021
Top Verdicts & Settlements In The West, 2020, The Recorder, 2020
2020, Selected to The Best Lawyers in America, 2020, for Personal Injury Litigation-Plaintiffs, The Best Lawyers in America©, Best Lawyers, 2020
Top 20 Personal Injury Settlements in California and Top 100 Personal Injury Settlements in the United States, 2020, Top Verdict, 2020
Selected to The Best Lawyers in America, 2019, for Personal Injury Litigation-Plaintiffs, The Best Lawyers in America©, 2019, The Best Lawyers in America©, Best Lawyers, 2019
Selected to The Best Lawyers in America, 2018, for Personal Injury Litigation-Plaintiffs, The Best Lawyers in America©, Best Lawyers, 2018
Top California Verdicts & Settlements, The Recorder, 2017
Top 50 Settlements in California, Top Verdict, 2017
Selected to The Best Lawyers in America, 2017, for Personal Injury Litigation-Plaintiffs, The Best Lawyers in America©, Best Lawyers, 2017
Top Northern California Settlements for 2016, Leaders in the Law, 2016
Top 50 Settlements in California, Top Verdict, 2016
Selected to The Best Lawyers in America, 2016, for Personal Injury Litigation-Plaintiffs, The Best Lawyers in America©, 2016, 2016
Top California Verdicts & Settlements, The Recorder, 2016
Top California Settlements, The Recorder, 2011

Educational Background:

University of Oregon, Robert D. Clark Honors College B.A.Honors: Summa Cum LaudeHonors: Phi Beta Kappa Major: Political Science Minor: Business Administration

Scholarly Lectures/Writings:

"Offensive Use of Summary Judgments: Knocking Out Affirmative Defenses", Plaintiff Magazine, July, 2011
Is There Really an Agreement to Arbitrate?, Author, Is There Really an Agreement to Arbitrate?, Plaintiff Magazine, 2023
Overlooked Aspects of Opposing Summary Judgment Motions, Author, Overlooked Aspects of Opposing Summary Judgment Motions, Plaintiff Magazine, 2021
Proving Implied Persmission, Author, Proving Implied Permission, Plaintiff Magazine, 2020
Tolling Collective Actions Under the FLSA, Author, Tolling Collective Actions Under the FLSA, Plaintiff Magazine, 2019
Federal Court Discovery and Deposition Practice: An Update and Overview, Author, Federal Court Discovery and Deposition Practice: An Update and Overview, Plaintiff Magazine, 2018
"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
Plaintiff Magazine, Discovery and Deposition Practice In Federal Court, 2012
Person Most Qualified Deposition-Tools and Tips, CAOC Forum, March/April, 2016, 2016
The Attorney-Expert Work Product Protection Under the Federal Rules, Plaintiff Magazine, February, 2016, 2016
Using Deposition Testimony At Trial, The Advocate, January, 2016, 2016
Using Deposition Testimony At Trial, Plaintiff Magazine, February, 2015, 2015
Navigating Collective Actions, Plaintiff Magazine, November, 2013, 2013
Defeating Liability Waivers and the Primary Assumption of Risk Defense, Plaintiff Magazine, 2017

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