Brian K. Brake has over 16 years of courtroom experience
litigating civil cases for his clients involving such high stake claims as
catastrophic
personal injury and death, complex commercial litigation, construction
disputes, and violations of civil rights.
Mr. Brake specializes in resolving disputes on behalf of his clients
whether in or out of the courtroom and was recently named among
Virginia’s Legal Elite in Alternative Dispute Resolution. Mr. Brake has
tried numerous cases throughout the Commonwealth of Virginia and has
successfully represented clients in both state and federal trial and
appellate courts.
Experience
CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE AND DO NOT
GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
- Recently won a jury verdict in excess of $500,000
on behalf of his client against Wal-Mart due to Wal-Mart's negligence
in not removing an extension cord that was stretched across the
entrance floor in one of its Supercenters.
- Successfully defended a case that garnered
national media attention brought by Johnnie Cochran’s New York law
firm, Cochran, Neufeld & Scheck, LLP involving Earl Washington,
Jr.
- His firm has obtained millions of dollars in
compensation for the benefit of clients who were seriously injured by
the carelessness of others in car and airplane crashes.
- Obtained a settlement of $775,000 on behalf of a
client seriously injured in a car accident. The insurance company for
the responsible party initially offered $16,300 to settle.
- Successfully defended the developer of Virginia's
first commercial wind farm from multiple lawsuits filed by opponents
to the project, including winning three appeals to the Virginia
Supreme Court resulting in the Supreme Court's opinion in Miller v.
Highland County.
- Obtained a judgment for $34,193 for his client
against a debt collection company for the unlawful collection of a $16
debt.
- Obtained a
judgment of $47,438 for his client against a used car dealership for
the fraudulent sale of a $3,500 van.
- Obtained a defense verdict for law enforcement
officers after a highly publicized federal court jury trial involving
allegations that an inmate’s constitutional rights were violated
when he was not prevented from committing suicide by hanging while
incarcerated.
- Has successfully represented scores of health
care providers accused of malpractice throughout the Commonwealth of
Virginia, including trying multiple cases to a jury verdict.
Honors and Awards
- “Legal Elite,” Virginia Business Magazine, 2003, 2005, 2006
- Recognized for “outstanding pro bono contributions to the poor”
by Blue Ridge Legal Services, Inc., 2006
- Order of Barristers
Education:
- Case Western Reserve University Law School, Cleveland, Ohio, 1991 J.D.
- Muskingum College, New Concord, Ohio, 1988
B.A., Cum Laude
Professional Associations and Memberships
- Virginia Trial Lawyers Association
- Board of Governors, Virginia State Bar Health Law Section
- Virginia State Bar
- Virginia Bar Association
- Rockingham/Harrisonburg Bar Association
Representative Cases:
- Short v. Smoot, 436 F.3d 422 (4th Cir. 2006)
- Archambault v. Roller, 254 Va. 210, 491 S.E.2d 729 (1997)
- Washington v. Buraker, 322 F. Supp 2d. 702 (W.D. Va. 2004)
- McHugh v. Check Investors, Inc., 2003 U.S. Dist. LEXIS 9065 (W.D.
Va. 2003)
- CG6 Concrete Specialists, Inc., v. Dep't. of Police, 2004 U.S. Dist.
LEXIS 19663 (W.D. Va. 2004)
- Whitney v. Anthem, 69 Va. Cir. 190 (Rockingham County Circuit Court,
2005)
- Hollingsworth v. Shenandoah Med. Imaging, Inc., 38 Va. Cir. 324
(City of Winchester, January 18, 1996)
- Miller v. Highland County, Va. (2007) (2007 Va. LEXIS 119)
Brian K. Brake
90 North Main Street, Suite 201
Harrisonburg, VA 22802
P.O. Box 1287
Harrisonburg, VA 22803
T: 540.437.3105
F: 540.437.3101
email: Brian K. Brake
Areas of Practice
Bar Admissions
- Virginia, 1991
- U.S. Court of Appeals 4th Circuit
- U.S. District Court Eastern District of Virginia
- U.S. District Court Western District of Virginia
- U.S. Bankruptcy Court Western District of Virginia
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