Brian Zemil is a mass toxic tort litigator defending against claims for damages from exposures to various substances or sources. He has national and lead counsel experience, managing complex, industry-wide, multijurisdictional cases in U.S. federal and state courts.
Brian has represented asbestos, silica, and siren defendants in cases filed in various jurisdictions across the country. He has tried Federal and State cases to verdict. Brian has developed medical experts and worked with other experts to successfully advance defenses to secure favorable early resolutions for his clients. He also has argued Daubert- and Frye-Reed-type motions and has an established record as an appellate advocate, successfully winning an appeal that resulted in the dismissal of over 100 wrongful death cases.
Beyond day-to-day legal representation, Brian promotes and supports a wide range of civic and charitable endeavors, as well as public interest law and legal education. Brian is active in the leadership of the American Bar Association Section of Litigation, serving for two years as the Editor-In-Chief of Litigation News and is the standing civil procedure columnist for the flagship publication. Legal service providers have recognized Brian for his distinguished service to the legal profession, pro bono clients, and his community.
Representative Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Tried to verdict a contribution claim against a co-defendant in each of four product liability cases, consolidated in a 28-day trial, successfully securing a $5 million set-off of the judgement.
- Briefed and argued before the Court of Special Appeals of Maryland, resulting in dismissal of more than 100 wrongful death cases. Brannan v. The Wallace & Gale Asbestos Settlement Trust, 208 Md. App 164 (2012)
- Directed nationwide mass tort silica litigation as lead national and trial counsel, and implemented an early exit strategy that resulted in the dismissal of his client from all of its silica cases in the multidistrict litigation.
- Briefed and argued before the Court of Appeals of Maryland, resulting in the transfer of more than 200 cases to a jurisdiction more favorable to the client.
- Briefed and argued before the United States Court of Appeals for the Fourth Circuit for support of post-trial court rulings, in a case he tried to verdict.
- Defending a contractor in more than 30,000 asbestos-related personal injury and wrongful death cases filed in the state of Maryland.
Professional and Civic Activities
- Former editor-in-chief, Litigation News
- Associate Editor, Civil Procedure Standing Columnist, Litigation News, American Bar Association Litigation Section
- Former Maryland Delegate, Representative to the House of Delegates for the American Bar Association
- Former Board of Governors Representative, Maryland State Bar Association
- Former Board Member, Maryland State Bar Association Executive Committee
- Former Board Member, Pro Bono Resource Center of Maryland
- Former Chair, Maryland State Bar Association Young Lawyers Section
- Former Maryland and Virginia Representative, Federal Emergency Management Agency/ABA Disaster Relief Program
- Former Maryland and Virginia District Representative, American Bar Association Young Lawyers Division
- Fellow, Baltimore City Bar Foundation, Inc.
- Fellow, Maryland State Bar Foundation, Inc.
- Board of Trustee Member, Baltimore City Bar Foundation, Inc.
Publications and Presentations
Publications
- Author, "Is the Practice of Civil Litigation All Local?", Litigation News, Winter 2023
- Author, “Old Habits Die Hard,” Litigation News, Fall 2022
- Author, "The Costs of Cost Shifting," Litigation News, Summer 2022
- Author, "All Things Errata," Litigation News, Winter 2022
- Author, “Navigating U.S. Discovery in Foreign Commercial Arbitration Proceedings,” Litigation News, Spring 2021
- Author, “Leading experts address pressing legal issues regarding trial advocacy and litigation strategy in the context of social media,” Litigation News, Winter 2021
- Author, “FRCP 1 and COVID-19: Litigating Through a Pandemic,“ Litigation News, Fall 2020
- Author, “Reaching into the Cloud for Discoverable ESI,” Litigation News, Summer 2020
- Author, “Pleading Your Case Is a Solid Addition to a Lawyer’s Bookshelf,” Litigation News, Spring 2020
- Author, “Navigating “Control” in a Matrix of ESI Discovery,” Litigation News, Spring 2020
- Author, “Tug of War over Authority for ESI Spoliation Sanctions,” Litigation News, Winter 2020
- Author, “Bad Clients and What to Do About Them,” Litigation News, Fall 2019
- Author, “Proposed Changes to Rule 30(b)(6) Spark Support, Pushback, and New Suggestions,” Litigation News, Spring 2019
- Author, “Spoliation Trial by Jury,” Litigation News, Winter 2019
- Author, “From Witness Prep to Dep: Temper Your Inner Coach,” Litigation News, Fall 2018
- Author, “Service via Facebook Permitted as “Best Chance” of Actual Notice,” Litigation News, Fall 2014
- Author, “Attorney-Client Privilege Protections for Non-Employees,” Litigation News, Fall 2012
- Author, “Party Relieved from Estimated 95-Million-Page Review,” Litigation News, Winter 2012
- Author, “Party Relieved From Estimated 95 Million–Page Review,” Litigation News, Winter 2012
- Author, “Kansas High Court Affirms Right of Nonparty to Destroy Records,” Litigation News, Fall 2011
- Author, “N.Y. Adopts Limited License for Out-of-State In-House Counsel,” Litigation News, Summer 2011
- Author, “Court Abuses Discretion by Refusing to Suspend Trial for Litigant’s Religious Observance,” Litigation News, Spring 2011
- Author, “Judicial Criticism of Child Pornography Sentencing Guidelines Continues,” Litigation News, Winter 2011
- Author, “Ethical Concerns Preclude In-House Counsel’s Reinstatement,” Litigation News, Fall 2010
- Author, “Florida Federal Court Excludes “Advocate” Expert’s Testimony,” Litigation News, Summer 2010
- Author, “Federal Circuits Split on Computer Fraud and Abuse Act,” Litigation News, Spring 2010
- Author, “Ethics Advisory Opinion Requires Attorneys to Police Web-Based Profiles,” Litigation News, Fall 2009
- Author, “Holey Shoes Delay Resolution of Florida Case,” Litigation News, Fall 2009
- Author, “Federal Judges Try Again for Cost-of-Living Raises,” Litigation News, Summer 2009
- Author, “Attorney-Client Privilege Extends Beyond Corporate Payroll,” Litigation News, Spring 2009
- Author, “Do Defendants Speak with one Voice in Reverse-Batson Challenge?,” Litigation News, Fall 2008
- Author, “Delaware Relaxes Workers’ Compensation Bar to Employee Suites Against Coworkers,” Litigation News, Fall 2007
- Author, “ABA Resolves to Protect Apologies of Health Care Providers,” Litigation News, Fall 2007
- Author, “Maryland Expands Product Liability for Unmanifested Defects,” Litigation News, Summer 2007
- Author, “Supreme Court Vacates Philip Morris Punitive Damages Award,” Litigation News, Spring 2007
- Author, “Ethics Opinion Finds Settlement Terms Prohibiting Lawyer from Disclosing Public Information Unethical Lawyers, however, must still preserve client confidences, check local rules,” Litigation News, Spring 2007
- Author, “More Courts are Embracing Videoconferencing,” Litigation News, Fall 2006
- Author, “Bar Associations and Law Firms Renew Commitment to Mentoring,” Litigation News, Summer 2006
- Author, “Court-Appointed Counsel Required for Support Order Violators,” Litigation News, Summer 2006
- Author, “New York City Enacts False Claims Act,” Litigation News, Spring 2006
- Author, “Appellate Review of Arbitration Award Precluded,” Litigation News, Winter 2006
- Author, “Michigan High Court Rejects Medical Monitoring,” Litigation News, (Winter 2006
- Author, “Underwriter Held Potential Fiduciary of Issuer,” Litigation News, Fall 2005
- Author, “ABA Adopts New Guidelines on Judicial Performance,” Litigation News, Fall 2005
- Author, “Proposed Amendments to Evidence Rules Await Further Action,” Litigation News, Summer 2005
- Author, “Tax Shelter Spawns Professional Liability Claims,” Litigation News, Spring 2005
- Author, “Failure to Opt Out Fatal, Eighth Circuit Rules,” Litigation News, Winter 2005
- Author, Criminal Records Expungement – A Guide, Maryland Volunteer Lawyers Services, 2001, 2005
Presentations/Seminars
- Presenter, “Criminal Record Expungement,” at various locations throughout Maryland
- Presenter, “Professionalism in the Law,” Maryland State Bar Association
- Presenter, “Federal Emergency Disaster Relief Training,” Maryland State Bar Association
Honors and Awards
- Recognized in The Best Lawyers in America (BL Rankings), Product Liability Litigation - Defendants, 2023 - Present
- Super Lawyers Honoree, Maryland Super Lawyers magazine (Thomson Reuters), 2016-2020
- Recipient, Maryland Bar Foundation, “Edward F. Shea, Jr. Professionalism Award”, for exceptional professionalism, civility, integrity, compassion, and commitment to public service
- Maryland Pro Bono Service recognizing Brian as an outstanding attorney who has made significant contributions to the delivery of pro bono legal services to Maryland's poor
- Recipient, Benjamin R. Civiletti Pro Bono of the Year Award
- Recipient, Maryland Bar Foundation, Professional Legal Excellence Award for the Advancement of Unpopular Causes
- Recipient, Maryland Volunteer Lawyers Service, Educator of the Year Award
