Brian P. Kavanaugh - Partner

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Brian P. Kavanaugh

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Chicago
Phone: +1 312-862-2015
Fax: +1 312-862-2200
Overview News

Professional Profile

Brian Kavanaugh is a partner in the Firm’s Chicago office. He has represented clients in a wide-range of complex litigation matters in arbitration and in state and federal courts throughout the United States.


Representative Matters

Recent Representative Matters

  • Counsel for leading cyber-security firm in connection with several putative class action litigation matters relating to security breaches of government and private networks.

  • Counsel for food products manufacturer in putative wage & hour class action.

  • Counsel for BP in litigation against the EPA relating to suspension and disqualification issues arising from the Deepwater Horizon incident.

  • Counsel for pharmaceutical manufacturer in contract dispute with customer of finished sterile injectable pharmaceutical products.

  • Counsel for major health care insurance company in numerous litigation matters relating to hospital and ASC reimbursement.

Other Representative Matters

Healthcare Litigation

  • National defense counsel for pharmaceutical manufacturers in various actions brought in state and federal courts on behalf of state Medicaid agencies and the federal government asserting that prescription pharmaceutical manufacturers reported inaccurate pricing benchmarks, allegedly causing the states and federal government to overpay providers for drugs dispensed to Medicaid and Medicare beneficiaries.

  • Represented major healthcare insurance company in litigation related to in-network and out-of-network reimbursement of nationwide DME provider. Obtained dismissal of all claims.

Commercial Litigation

  • Represented oil and gas operator in nationwide class action regarding joint interest accounting in domestic onshore oil and gas operations.

  • Represented steel manufacturer in breach of contract and fraud action relating to the turnkey construction of a steel mill. Litigation settled on favorable terms after extensive fact and expert depositions in the United States, Germany and Brussels.

  • Represented industrial tenant in litigation relating to the allocation of responsibility under a lease agreement for damage to a manufacturing facility.

Consumer Fraud & Products Liability

  • Counsel for manufacturer in nationwide consumer fraud class action relating to the sale of children’s products. Obtained summary judgment in favor of the manufacturer.

  • Represented automaker in putative multi-state class action relating to the sale of vehicles with alleged automotive defects. Class certification denied.

  • Represented automaker in several product liability and consumer fraud class actions in state and federal courts relating to alleged automotive defects. Obtained dismissal, summary judgment, or denial of class certification in each action.

  • Represented mortgage lender in putative nationwide class action relating to force-placed insurance practices. Class certification denied by Florida state trial court after several rounds of briefing and two evidentiary hearings. Denial of class certification affirmed on appeal.

  • Represented debt-consolidation lender in putative nationwide class action alleging violations of the Truth in Lending Act and Home Ownership Equity Protection Act as well as state fraud and RICO claims. Class certification denied. Denial of certification affirmed on appeal.

  • Represented manufacturer of household products in putative nationwide product liability and consumer fraud class action. Class certification denied.

  • Represented automaker in putative nationwide class action involving claims under California’s Unfair Competition Law (Bus. and Prof. Code. § 17200) and Consumers Legal Remedies Act relating to the advertising and sale of vehicles in addition to various breach of warranty and common law claims. Breach of warranty and common law claims dismissed. Class certification denied.

  • Represented building products manufacturer in putative nationwide product liability and consumer fraud class action relating to manufacturer’s hardboard siding products. Secured summary judgment in favor of manufacturer.

  • Represented building products manufacturer in a declaratory judgment action filed in Texas state court which included counterclaims for breach of express and implied warranties, fraud, misrepresentation, and violation of the Texas Deceptive Trade Practices Act relating to manufacturer’s hardboard siding products. Secured summary judgment in favor of manufacturer.

Employment

  • Retained as trial counsel for major insurance company several months before trial in a state class action involving wage and hour claims that had been pending for six years. Obtained complete defense verdict against a certified class after a four-week trial.

  • Represented major insurance company in certified nationwide class action involving ERISA and breach of contract claims relating to defendant’s transition from an employee to an independent-contractor agent workforce. Obtained summary judgment in favor of client on all certified class claims.

  • Represented financial services company in Title VII “pattern or practice” class litigation brought by the EEOC.

  • Represented employer in action for breach of employment contract brought by former senior executive.

  • Represented Debtor in contested proceedings to secure bankruptcy court approval of debtor’s employee incentive program and compensation plan for senior management.


Other Distinctions

Martindale-Hubbell AV® Preeminent Rating in Litigation, Commercial Law and Class Actions

Selected as an "Illinois Rising Star" in Class Actions by Super Lawyers, a Thomson Reuters publication

Board Member: Recent Alumni Advisory Board, University of Illinois College of Law (2002-2005)

Instructor: The Legal Environment of Business, University of Illinois College of Commerce (1998-1999)


Publications

"Collective Bargaining Agreements and the Americans With Disabilities Act: A Problematic Limitation on 'Reasonable Accommodation' for the Union Employee" University of Illinois Law Review (1999).


Courts

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Seventh Circuit

United States Court of Appeals for the Eleventh Circuit

United States District Court for the Northern District of Illinois

United States District Court for the Central District of Illinois

United States District Court for the Southern District of Indiana

United States District Court for the Western District of Wisconsin

United States District Court for the Southern District of Texas

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