Brian Perryman focuses his legal practice at Jorden Burt on the defense of consumer class actions, non-class representative actions, and other forms of complex litigation. Mr. Perryman has extensive experience removing class actions under the Class Action Fairness Act, litigating certification and decertification motions, filing and opposing Rule 23(f) petitions, and settling class actions. He also regularly serves as appellate counsel for parties and amicus curiae alike.
During his career, Mr. Perryman has successfully handled cases for members of the insurance and consumer financial services industry involving the Racketeer Influenced and Corrupt Organizations Act, Employee Retirement Income Security Act, Truth in Lending Act, Fair Housing Act, False Claims Act, Telephone Consumer Protection Act, and numerous state consumer protection laws, including California's Unfair Competition Law (Section 17200) and False Advertising Law (Section 17500).
Mr. Perryman also has significant experience in handling state and federal regulatory matters, including the defense of administrative adjudicative proceedings, responses to investigations and subpoenas by state banking and insurance regulators, and challenges to agency rulemakings under the Administrative Procedures Act.
Representative Matters
· Koberg v. John Alden Life Insurance Co., No. CV 11-21, 2011 WL 6122309 (D. Mont. Dec. 8, 2011) (granting motion to dismiss putative ERISA class challenging insurer's method of reimbursing its health insurance policyholders)
· Ponder v. SunTrust Banks, Inc., No. SU11CV0054 (Ga. Super. Ct.) (following motion to dismiss, plaintiff voluntarily dismissed putative class action alleging that credit insurance issuer fraudulently induced purchase of credit life, credit disability and involuntary unemployment coverages)
· Cramer v. John Alden Life Insurance Co., 736 F. Supp. 2d 1196 (D. Mont. 2011) (granting motion to dismiss putative ERISA class action alleging improper assertion of subrogation rights)
· Clark v. Superior Court, 50 Cal. 4th 605 (2010) (amicus curiae brief for American Council of Life Insurers supporting prevailing view that Unfair Competition Law restitution may not be trebled)
· In re American Investors Life Insurance Co. Annuity Marketing & Sales Practices Litigation, 715 F. Supp. 2d 610 (E.D.Pa. 2010) (enjoining settlement class member from pursuing relitigation of claims in state court)
· Mooney v. Allianz Life Insurance Co. of North America, No. CV 06-545, 2010 WL 419962 (D. Minn. Jan. 29, 2010) (denying plaintiffs' motion for permanent class-wide injunctive relief under Minnesota Prevention of Consumer Fraud Act and granting motion for amended judgment in defendant's favor)
· Burdick v. Union Security Insurance Co., No. CV 07-4028, 2009 WL 4798873 (C.D. Cal. Dec. 9, 2009) (decertifying class claims under California's Unfair Competition and False Advertising Laws)
· Nichols v. John Hancock Life Insurance Co., No. CV 09-840, 2009 WL 3019785 (N.D. Ala. Sep. 22, 2009) (dismissing putative class action involving alleged breach of an annuity contract)
· Davis v. John Hancock Variable Life Insurance Co., 295 F. App'x 245 (9th Cir. 2008) (affirming dismissal of putative class action alleging fraud and misrepresentation in the sale of variable whole life insurance policies)
· Public Service Co. of Colorado v. Mallon, No. CV 07-762, slip op. (Colo. Dist. Ct. Oct. 22, 2008) (dismissing count asserted under the Colorado Organized Crime Control Act)
· Harris v. Adejumo, 36 A.D.3d 855, 830 N.Y.S.2d 329 (2d Dep't 2007) (no legal duty of care owed by mortgage lender to prospective borrower)
· Percival v. American Home Mortgage Corp., 469 F. Supp. 2d 409 (N.D. Tex. 2007) (dismissing Truth in Lending Act claim as time-barred)
· Bird v. Delacruz, No. CV 04-661, 2005 WL 1625303 (S.D. Ohio July 6, 2005) (dismissing defendant from multi-count, multi-defendant lawsuit)
Speeches and Publications
· Author: "Onwards and Upwards? When Can a Litigant Seek Interlocutory Review in the U.S. Supreme Court of Federal Appellate Court Class Certification Treatment," 12 BNA Class Action Litigation Report 750 (Aug. 2011)
· Author: "Checking Checks," 10 Geo. Mason L. Rev. 551 (2002).
Noteworthy
· Research Editor, George Mason Law Review
· Adrian S. Fisher Award for Best Student Article, George Mason Law Review 2002
· Recipient, George Mason School of Law Alumni Association Scholarship
Professional Affiliations
· Member, American Bar Association