Brien McMahon
Brien McMahon has more than 40 years of product liability, commercial, real estate and environmental litigation experience.
For the last 14 years, Brien McMahon has been a member of the firm's asbestos litigation team. He has coordinated malignancy case assignments, supervised day-to-day case management activities (discovery, fact investigation, expert witnesses and trial preparation) and tried cases. Brien also has experience in environmental litigation matters, particularly in relation to winery development projects, alleged groundwater contamination and toxic tort issues.
Throughout the course of his career, Brien has represented some of the country's largest companies in asbestos and product liability litigation. In the 1980s, Brien represented National Gypsum, in the early 1990s, The Boeing Company and W.R. Grace & Company and in the 2000s, Honeywell International Inc., Georgia-Pacific, LLC, The Boeing Company, Lucent Technologies and Lamons Gasket in asbestos-related actions. Brien has been selected as trial counsel in over 20 asbestos matters. Brien has selected juries in numerous cases; favorably resolved numerous cases during or after jury proceedings; and has tried three asbestos cases to jury verdict since 2013, including a defense verdict in a female mesothelioma case where the client's product was the only identified exposure. In other jury trials, where his client was principal target and sole trial defendant, the award was less than 10% of amounts sought.
Areas of focus
Education & Credentials
Education
- University of Southern California Law School, J.D., Note and Article Editor, Southern California Law Review, 1975
- Tufts University, M.B.A., The Fletcher School of Law and Diplomacy, International Affairs, 1980
- University of Pennsylvania, B.A., 1970
Bar and Court Admissions
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California
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Northern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Southern District of California
Related Employment
- White McMahon Potter, Santa Rosa, CA, Partner, 1985-2005
- Perkins Coie LLP, Los Angeles, CA, Of Counsel, 1988-1993
- Johnsen, Manfredi & Thorpe, Los Angeles, CA, Associate and Partner and Of Counsel, 1975-1988
Impact
Professional Leadership
- North Bay World Trade Association, Former Director, 1996-1999; President, 1999
- World Affairs Council of Sonoma County, Founding Director
- Sonoma County International Forum, Chairman, 1997
- National Association of Securities Dealers Arbitrator
Professional Experience
Asbestos Litigation
- Represented an automotive friction products manufacturer in a wrongful death products liability action involving the death of a 62-year-old, brake-lining assembler, warehouse clerk and purchasing agent allegedly from exposure to the company's asbestos-containing brake linings. Obtained defense verdict after six weeks of pre-trial and trial proceedings.
- Represented an automotive friction products manufacturer in a wrongful death products liability action involving the death of a 66-year-old professional auto mechanic from alleged asbestosis. During trial, he obtained an order excluding the plaintiff’s key expert industrial hygienist from testifying after cross examination, resulting in significant impairment of the plaintiffs’ exposure claims and enabling the client to achieve settlement of a larger group of cases at highly favorable numbers.
- Represented automotive friction products manufacturer in a wrongful death products liability action involving the death of a 63-year-old former service station attendant with pleural mesothelioma allegedly from exposure to the company’s asbestos-containing brake linings. Together with Ford, he achieved a successful Daubert challenge resulting in the exclusion of plaintiff’s principal medical causation expert, leading to the resolution of the case at nominal resolution value.
- Represented a drywall accessory products manufacturer in a products liability action involving a 59-year-old career drywall taper with pleural mesothelioma claimed to have been caused by alleged exposure to client’s asbestos-containing joint compound products. Following extensive investigation of product identification witnesses and sensitive negotiations with plaintiff’s counsel, he achieved successful pre-trial resolution of a high economic value claim, together with another similar high-exposure mesothelioma case brought by the same firm.
- Represented an automotive friction products manufacturer in a wrongful death products liability action involving death from pleural mesothelioma of a 60-year-old Wyoming highway patrol officer claimed to have sustained bystander occupational exposure to client’s automotive brake products. Obtained settlement for a nominal amount following extensive pre-trial proceedings and motion to apply more favorable Wyoming damages liability law.
Environmental And Real Estate Matters And Litigation
- Represented Knights Bridge Vineyards in a lawsuit challenging its local land use entitlements to develop a new winery. The California Court of Appeal upheld the mitigated negative declaration for the project and rejected the opponents’ claims brought under the California Environmental Quality Act and the California Planning and Zoning Law.
- Obtained final judgment of dismissal for a Napa County winery against neighboring winery’s lawsuit challenging approval of major modification to winery use permit.
- Represented a publisher of technology books, provider of online services and technology conference sponsor in environmental litigation arising from office park development. Obtained judgment in superior court approving the county’s approval of the project, affirmed in full by First District Court of Appeal.
- Represented winery/vineyard owners and developers in connection with property acquisition, permitting proceedings, entitlement approvals and related litigation involving diverse environmental issues, including among others, compliance with California Environmental Quality Act (CEQA); environmental site investigation; groundwater analysis involving disposal of toxic materials; evaluation of hydrogeological, traffic, public safety and noise impacts.
- Represented a national restaurant chain in connection with the acquisition of a commercial business center for development and construction of a new restaurant, including review and analysis of environmental issues, including remediation of existing underground gasoline tanks.
- Represented a hotel owner with regard to environmental issues and potential litigation arising from abatement of asbestos used in hotel construction and related employee exposure claims.
- Advised several manufacturers on Proposition 65 issues, including responding to regulatory actions regarding developmental and reproductive toxicant product identification.
- Successfully represented the beneficiary of a senior real property deed of trust before the California Court of Appeals against claims by purported beneficiaries to a subsequent forged deed of trust on the same property. Successfully opposed a petition for review to the California Supreme Court.
Additional Litigation Experience
- Defended a dental products manufacturer in trademark infringement, trade secret and breach of distributorship actions.
- Defended software company founding shareholders in a federal action arising from an asset sale to a public accounting software company.
- Defended the chairman of the board of a real estate subsidiary of a savings and loan in an FDIC federal action arising out of failure of institution.
- Defended the director of an oil and gas development firm in federal securities fraud actions.
- Defended university and faculty members in tort actions by former students.
- Prosecuted multiple investor securities claims against various broker dealers for improper handling of brokerage accounts.
- Represented commercial building owners in an action against an engineering firm for professional negligence arising from construction of a commercial office building.
- Prosecuted an action by a newsprint supplier against a newspaper for breach of supply contract.