Brendan H. Fitzpatrick
Brendan H. Fitzpatrick, a leader in the firm’s Toxic Tort and Environmental Practice Group and co-chair of the ABA’s Environmental and Toxic Tort Subcommittee of the Mass Torts Committee, litigates complex civil matters in federal and state trial courts across the country. His practice focuses primarily on toxic tort and environmental litigation, but he also litigates and advises clients on commercial, intellectual property, and cybersecurity concerns. Brendan offers a proven track record of effectively and efficiently achieving client goals in a broad range of matters and obtaining favorable resolutions for clients both inside and outside the courtroom.
Brendan’s cases routinely involve complex medical, scientific, and technological issues. To this end, he has developed, defended, and examined fact and expert witnesses from a wide variety of disciplines. Brendan monitors and has published on several emerging areas including potential human health hazards of nano-material exposure and ovarian cancer litigation. He also contributes to the firm’s Asbestos Case Tracker and Environmental Law Monitor blogs.
Brendan’s toxic tort experience primarily concerns the defense of asbestos exposure claims. He is known for his ability to develop creative defenses through discovery, his skill in molding cases for trial through motions practice, and his trial skills. Brendan’s clients include manufacturers, distributors, and installers of thermal insulation, boilers, gaskets, packing, rope, brakes, clutches, transmissions, pipe, floor tile, electrical components, and joint compound. He also defends toxic tort claims involving exposure to Legionella bacteria, benzene, lead, mold, and other chemicals and bacteria.
- Secured a directed verdict on defense of assumption of risk for a manufacturer of sealing products in a wrongful death asbestos-related case. The plaintiffs claimed their decedent developed lung cancer and mesothelioma as a result of asbestos exposure. After nine days of trial, the trial court granted the motion for judgment at the close of plaintiffs’ case.
- Obtained a defense verdict as member of the trial team for an insulation contractor in a peritoneal mesothelioma case following a two-week trial. The jury agreed that the exposures to his client’s products were not a substantial contributing cause of the development of disease.
- Obtained summary judgment for a boiler manufacturer on the basis that the claims were time-barred pursuant to Maryland’s statute of repose. Plaintiffs alleged that components of the boiler caused the death of their decedent. This case was the first known application of Maryland’s statute of repose to injuries alleged from a residential boiler.
Brendan’s environmental background began in law school when he clerked with both the Environmental Protection Agency’s Office of Enforcement and Compliance and with the Department of Justice’s Environment and Natural Resources Division, where he worked on Clean Air Act enforcement actions against stationary sources. Brendan’s environmental litigation practice is highly varied, ranging from defense of Clean Water Act citizen suits to claims for contamination from gasoline spills. He has also authored and submitted comments on behalf of a stakeholder on Maryland Department of Environment’s state action plan concerning compliance with federal mandates on pollution levels in Maryland’s navigable waters.
Brendan strives to fashion and implement functional and cost-efficient strategies that today’s complex litigation environment demands. His extensive experience enables him to create strategic plans encompassing a wide variety of litigation tactics to meet client objectives. Each action Brendan takes in litigation fits into the plan for achieving the client’s ultimate goals.
Obtained summary judgment on behalf of a demolition contractor in claim for over $3M in property damage as a result of developing evidence establishing plaintiffs’ claims against the client as a factual impossibility.
Honors & Awards
Martindale-Hubbell Peer Review Rating: AV Preeminent
Maryland Super Lawyers, Rising Stars 2013–19
- District of Columbia
- U.S. District Court for the District of Maryland
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the District of Columbia
- University of Maryland School of Law, J.D., Certificate of Concentration in Environmental Law, 2008
- Colby College, B.A., 2003
- American Bar Association
- Chair of Subcommittee on Environmental and Toxic Torts of Mass Torts Committee of Section of Litigation
- Ambrose Housing Aid Center
- Legal Advisory Committee
Publications & Events
- Contributor, Goldberg Segalla’s Data Privacy and Security blog: read Brendan’s blog posts here
- “Outbreak of Severe Pulmonary Disease Linked to E-Cigarette Use: The Makings of a Mass Tort?” (Co-Author), American Bar Association Mass Torts Litigation Newsletter – Winter 2020, October 24, 2019
- “Evidence Must Show What is Fact and What is Just Opinion” (Co-Author), American Bar Association Mass Torts Litigation Practice Point, September 4, 2018
- “New Evidence That Carbon Nanotubes Have Potential to Cause Mesothelioma” (Co-Author), ARIAS-US Quarterly, Spring 2018
- “Nanotechnology: The Next Mass Tort?” ABA Mass Torts Litigation, August 15, 2017
- “Uncertain Risks Associated With Products May Pose Real Legal Risk for Manufacturers and Insurers,” Claims Journal, April 17, 2017
- “Assumption of the Risk as a Defense in Smoking Lung Cancer Cases: An Example From Baltimore” (Co-Author), Westlaw Journal: Asbestos, Vol. 38, No. 24, September 16, 2016
October 30, 2019
December 11, 2018
December 12, 2017
August 15, 2017