 Brian
K. Brake has over 17 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 has
been named among Virginia’s Legal Elite in several
areas, including 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.
- 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.
- Won a jury verdict in excess of $500,000 on
behalf of his seriously injured 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.
- 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.
- 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.
- 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.
Honors and Awards
- “Legal Elite,” Virginia Business Magazine, 2003,
2005, 2006 and 2007
- 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 and Community
Associations
- 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
- Miller v. Highland County, 247 Va. 355, 650 S.E.
2d 532 (2007)
- 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)
Personal
Brian enjoys rock climbing, kayaking, skiing, and
hiking. He lives in Fort Valley, Virginia,
located within the George Washington National Forest,
with his wife and 7 year-old son. |
