Brian H. Myers is senior counsel in the Chicago office of Gordon & Rees and is a member of the Commercial Litigation, Employment Law, Product Liability, Construction, and Insurance practice groups. Mr. Myers has experience representing businesses ranging from sole proprietorships and closely-held corporations to international organizations and Fortune 500 companies. Mr. Myers has represented clients in various state and federal courts and administrative agencies throughout the country, and has represented clients through all stages of the litigation process, including trials and arbitrations.
Mr. Myers works to resolve his clients’ claims, so that his clients can work to advance their business.
Mr. Myers’ representative experience includes the following:
Obtained complete defense verdict in favor of franchisor in commercial arbitration where plaintiff-franchisee claimed that franchisor fraudulently induced the plaintiff to start the franchise business, and that franchisor conspired with neighboring franchisees to steal customers from the plaintiff’s sales territory. In same proceedings, obtained verdict in favor of franchisor on its counterclaim for outstanding franchise fees owed by the plaintiff.
Resolved breach of contract claim brought by a health insurance broker against a third-party benefits administrator alleging that the broker was entitled to finder’s fees for two clients that the benefits administrator contended it procured without any contribution from the broker.
Resolved claims brought by private equity firm against its health insurance broker alleging breach of contract for failure to maintain grandfathered status of firm’s health insurance coverage during the transition period related to the implementation of the Affordable Care Act.
Resolved competing breach of contract claims between accounting firm and software developer arising out of accounting firm’s termination of contract for development of digital document archiving system based on alleged delays in development process.
Obtained complete dismissal of third-party claims for contribution and breach of contract brought by company against its staffing agency, when the staffing agency’s employee filed class action against the company and its payroll services vendor alleging that the company and the vendor used fingerprint-based timeclocks without complying with the notice and consent provisions of the Biometric Information Privacy Act (“BIPA”). The trial court granted our motion to dismiss, agreeing that the Contribution Act did not apply to BIPA claims and that the staffing agency’s contract did not provide any indemnification to the company for the alleged BIPA violations.
Defeated plaintiff’s motion for class certification in suit alleging violations of the Fair Debt Collection Practices Act based on garnishments of bank accounts where the defendant used outdated statutory exemption claim forms. The trial court agreed with our arguments that the differences between the outdated exemption claim forms and the current forms were immaterial, and that individual issues between class members and the named Plaintiff defeated commonalty, typicality, and adequacy of representation.
Compelled arbitration of purported class action brought by debtor against debt buyer and collection agency alleging violations of the Fair Debt Collection Practices Act based on collection complaint that did not disclose the identity of the original creditor for the debt.
Resolved class action claim on an individual basis brought by debtor against collection agency alleging violations of the Fair Debt Collection Practices Act based on claim that agency’s collection letters improperly threatened recovery of attorney fees in a collection action.
Resolved class action claim against energy provider alleging violations of the Telephone Consumer Protection Act arising out of claims that the energy provider’s marketing vendor placed calls to persons on the do-not-call registry.
Resolved claims brought by prospective tenant with U.S. Department for Housing and Urban Development against apartment management company alleging familial discrimination in violation of the Fair Housing Act based on claims that the management company’s policy of limiting occupancy in apartments to two persons per bedroom discriminated against families.
Design and Construction
Obtained dismissal of negligence claims against contractor brought by condo owner alleging defective construction of condo building resulting in excess humidity that warped the condo owner’s custom hardwood floors. The trial court granted our motion to dismiss based on the economic loss doctrine, which was subsequently affirmed on appeal.
Obtained dismissal of negligence and third-party beneficiary claims against architect brought by restaurant’s insurer alleging defects in ceiling trusses that required temporary closure of the restaurant. The trial court granted our motion to dismiss based on the economic loss doctrine, and plaintiff’s insured’s inability to establish intended third-party beneficiary status.
Obtained dismissal of negligence and breach of contract claims against architect brought by insurance collective for a school district in connection with roof repair project where plaintiff alleged that architect failed to have contractor secure roof during rain storm. The trial court granted our motion to dismiss based on a waiver of subrogation provision in the contract between the roofing contractor and the school district, finding that the architect was an intended third-party beneficiary of that provision.
Obtained dismissal of third-party claims for negligence against architect brought by subcontractor alleging defective design contributing to construction defects in residential construction project. The trial court granted our motion to dismiss based on the economic loss doctrine.
Obtained dismissal of claims brought by former employee with the National Labor Relations Board against residential HVAC contractor alleging retaliation after employee refused to comply with new company policy regarding allocation of responsibility and commissions between equipment installers and their assistants.
Resolved claims brought by four former female employees in federal court alleging sexual harassment and constructive discharge at logistics and transportation company on the part of multiple men, including one supervisor.
Resolved claims brought by former employee in federal court alleging disability discrimination and constructive discharge for failing to accommodate her depression and anxiety, which she claimed was aggravated by her supervisor.
Resolved claims brought by former employee in federal court against industrial services contractor alleging religious discrimination and retaliation in violation of the One Day Rest in Seven Act after the employee’s crew was asked to work on a weekend.
Resolved claims brought by former employee in federal court alleging racial discrimination and constructive discharge based on allegedly racist drawings made by co-workers on equipment at manufacturing facility.
Resolved claims brought by former employee in Illinois Department of Human Rights and Human Rights Commission alleging racial discrimination and constructive discharge based on employee’s claim that he was denied opportunity to apply for a supervisor position because the employer allegedly did not follow posting procedures in collective bargaining agreement for available positions.
Resolved claims brought by employees with the National Labor Relations Board alleging retaliation against staffing agency based on claims that employees were offered alternative assignments after they engaged in a protest regarding working conditions at a particular assignment.
Resolved multiple subrogation actions brought by homeowner’s insurance companies against manufacturer of household appliances including clothes dryers and dehumidifiers alleging defects in the products that resulted in house fires.
U.S. District Court, Northern, Central, and Southern Districts of Illinois
Chicago Bar Association
Illinois State Bar Association
American Bar Association
Claims & Litigation Management Alliance - Product Liability Committee