Brian W. Casto is an engineer turned trial and appellate lawyer. He puts his technical expertise to work defending product manufacturers in litigation across the country. In addition, Brian has successfully defended hospitals and physicians in medical malpractice actions and national retailers in premises liability lawsuits. Brian also has experience assisting clients with matters before the Consumer Products Safety Commission.
Brian has considerable courtroom experience and has conducted and defended numerous depositions of engineering and medical experts, witnesses, corporate representatives, and parties in complex civil litigation matters. Brian is particularly experienced in the defense of fire cases including the retention and management of experts, overseeing fire scene investigations and product examinations, challenging the admissibility of experts' opinions, seeking spoliation sanctions, and trying cases before state and federal courts. Representative matters include:
· In a product liability fire case pending in federal district court and involving a residential gas furnace, Brian excluded the plaintiffs' engineering experts under Daubert, which resulted in summary judgment in favor of his client. The trial court's ruling was upheld on appeal to the Fourth Circuit. Assurance Co. of Am. v. York International, Inc., 305 Fed. Appx. 916 (4th Cir. 2008).
· In a product liability fire case pending in federal district court and involving a consumer kitchen appliance, Brian excluded the plaintiffs' engineering expert's eleventh hour opinions, which offered a new causation theory after his original theories were debunked, and was awarded partial summary judgment on all but one count of Plaintiffs' Complaint. The decisions resulted in a very favorable out-of-court resolution for Brian's client.
· In a product liability fire case pending in Maryland circuit court and involving a consumer portable computer, Brian used an insurance company's spoliation of evidence to exclude evidence of product recalls and also limit the testimony of its liability expert. The decisions resulted in a very favorable out-of-court resolution for Brian's client.
· In a medical malpractice case pending in Maryland circuit court arising from a surgical procedure, Brian excluded the plaintiff's physician expert from offering testimony as to the standard of care applicable to his client's nurses. At trial, Brian was successful in winning a motion for judgment on behalf of his client, a Baltimore-area hospital.
· In a medical malpractice case pending in Maryland circuit court arising from an errant prescription for an anti-seizure medication, Brian excluded the plaintiff's physician experts from offering testimony as to the standard of care applicable to his client's pharmacist. The decision resulted in a very favorable out-of-court resolution for Brian's client, a national retail chain.
Brian is also skilled in the application of technology to the practice of law including the implementation, management, and use of internal and hosted document review platforms. In addition, Brian is a sub-committee member of the Firm's Technology Committee.
Brian is a Summa Cum Laude graduate of the University of Baltimore School of Law, where he served as a teaching assistant, Staff Editor of the Law Forum, and a member of the Trademark Moot Court Team. Brian graduated at the top of his law school class.
Prior to attending law school, Brian was an engineer with Siemens Energy & Automation, Inc. working with industrial automation and power control systems. While attending law school, Brian worked for a Maryland-based engineering consulting firm.
Credentials
Aircraft Owners and Pilots Association
Defense Research Institute
Maryland Defense Counsel
Publications
"Recovering Defense Costs With Rule 68... Maybe," Law360 (December 15, 2010).
"Blackwell v. Wyeth: The Application of Frye," Law360 (June 17, 2009).
Speaking Engagements
"Anatomy of Alleged Furnace Fire," University of Baltimore Product Liability Class, (Spring Semesters 2009 thru 2011).