Brian J. Malloy - San Francisco, CA

Overview

Awards and Honors

Super Lawyers® Selectees

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Brian J. Malloy included in a Super Lawyers® list

Education

• Legal Education

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

• Non Legal Education

  • 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

Past Positions

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

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

Representative Cases

• $32,700,000 in publicly disclosed settlements (total settlements are confidential) for In Re Ghost Ship Litigation related to the “Ghost Ship” Oakland warehouse fire where 36 individuals lost their lives. Served on the public entity liability committee and was co-nominated for Consumer Attorney of the Year for contributions to the case
• $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
• Settlements on behalf of clients injured in accidents, including a $2.6 million policy limits wrongful death settlement on behalf a husband whose wife was killed by a commercial truck, a $2 million settlement for pedestrian hit by a bus in a crosswalk, a $1.3 million settlement for individual injured in a taxi cab accident, a $700,000 settlement for minor injured in mobile home park, and a $700,000 settlement for tourist injured in a tour bus accident
• Represented clients in first-party uninsured and underinsured motorist policy proceedings, including obtaining policy limit settlements of $1 million and $500,000
• $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.

Published Works

Articles

• Federal Court Pretrial Practice, Plaintiff Magazine, April 2026
  
• 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
• 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

Bar Admissions

• 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

Specialties and Certifications

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

Other Affiliations

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