Brian J. Malloy

Brian J. Malloy

Current as of March 2017

Brian J. Malloy is with the Brandi Law Firm in San Francisco where he represents plaintiffs in state and federal courts in product liability, personal injury, wrongful death, elder abuse, mass torts, select employment matters and class/collectives. He is admitted to the bars of California, Nevada, Arizona and Washington, D.C., along with numerous federal courts. He has been selected to Best Lawyers and to Super Lawyers. His firm’s website is www.Brandilaw.com.

Articles written by this author:

Offensive use of summary judgments: Knocking out affirmative defenses

Instead of fearing summary judgment, use it to eliminate key issues and improve your position at trial

Brian J. Malloy

2011 July


Discovery and deposition practice in federal court

Key differences between federal practice and California practice

Brian J. Malloy

2012 November


Employment: Navigating the “collective action” in Federal court

The similarities and differences between traditional class actions and collective actions under the FLSA or ADEA

Brian J. Malloy

2013 November


Looking for component-part liability in defective products

Proving liability against both the manufacturer and its subcomponent suppliers

Brian J. Malloy

2013 November


Using deposition testimony at trial

Deposition testimony may be used effectively at trial if you know all the rules for getting it admitted

Brian J. Malloy

2015 February


The “Attorney-Expert” work product protection under the federal rules

How courts have interpreted the amendments over the past five years under various scenarios

Brian J. Malloy

2016 February


Defeating liability waivers and the primary assumption of risk defense

These roadblocks to liability at summary judgment can often be overcome

Brian J. Malloy

2017 March


Federal court discovery and deposition practice

An overview and update of the most important Federal Rules, in particular the changes effective December 1, 2015, and important differences with California practice

Brian J. Malloy

2018 August


Tolling in collective actions under the Fair Labor Standards Act

Tolling in collective actions under the Fair Labor Standards Act

An important difference between class actions and collective actions: Equitable tolling

Brian J. Malloy

2019 July


Proving implied permission

A look at liability under the negligent-entrustment theory or permissive-use statute

Brian J. Malloy

2020 August


Overlooked aspects of opposing summary judgment motions

From timely notice to defendant’s failure to produce discovery needed by plaintiff to oppose MSJ

Brian J. Malloy

2021 October


Is there really an agreement to arbitrate?

When faced with a motion to compel arbitration, your first question is “does an agreement to arbitrate that dispute exist?”

Brian J. Malloy

2023 May