Brian Brake has over 22 years of courtroom experience litigating civil cases for his clients involving such high stake claims as catastrophic personal injury and death, complex commercial litigation, will contests, trust disputes, construction disputes, and abuse of the elderly or disabled.
Brian specializes in resolving disputes on behalf of his clients whether in or out of the courtroom. He has been named among Virginia's Legal Elite in Alternative Dispute Resolution, Construction Law and Health Care Law. Brian has tried numerous cases throughout the Commonwealth of Virginia and has successfully represented clients in both state and federal trial and appellate courts, including the Virginia Supreme Court and Fourth Circuit Court of Appeals.
Brian enjoys rock climbing, kayaking, skiing, and hiking.
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.
- Persuaded a jury to invalidate a handwritten will that left virtually all of the decedent’s estate to only one of her three children. After a day long trial, a Shenandoah County jury found that the handwritten will was not valid, and that an earlier will, which more equally divided the estate between the decedent’s three children and a grandchild, was valid.
- Successfully defended pear farm owners against a nuisance lawsuit filed by their neighbors. The neighbors claimed that a hedgerow that the farmers had constructed around their orchard to keep out deer constituted a nuisance under Virginia law. After a two-day trial, the judge found that the hedgerow was not a nuisance, and even if it was, that the construction of the hedgerow was protected under Virginia’s Right to Farm Act.
- Represented a landowner whose stream was moved to his neighbor’s property by his neighbor. After four days of trial, the Court ordered the neighbor to restore the stream to its original location and pay Mr. Brake’s client both compensatory and punitive damages.
- Obtained a settlement in excess of $1,000,000 on behalf of a Subcontractor that had not been paid by the General Contractor. Before Mr. Brake’s involvement, the General Contractor refused to pay anything, and in fact, claimed that the Subcontractor owed it money.
- Successfully represented the estate of a mentally disabled and alcoholic man that had been exploited by his Russian housekeeper. After a three day trial, the jury declared the disabled man’s will (which left everything to the housekeeper) invalid, ordered the return of approximately $88,000 in property and funds to the estate, and ordered the housekeeper to pay Mr. Brake’s attorney’s fees.
- Won a Rockingham County jury verdict in excess of $280,000 on behalf of a high school junior who was hit head on by a drunk driver with a blood alcohol concentration of .32. $200,000 of the award was for punitive damages to punish the drunk driver for his outrageous conduct. Before retaining Mr. Brake, the insurance company for the drunk driver had offered $14,250 to settle.
- 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 Rockingham County 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.
- Obtained a settlement of $35,000 against an individual who had thrown trash on an adjoining landowner’s property.
- 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.
- His firm has obtained millions of dollars in compensation for the benefit of clients who were seriously injured or killed 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.
- Cheatle v. United States, 589 F. Supp. 2d 694 (W.D. Va. 2008)
- 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)