Brian is a shareholder in the Cleveland office of Reminger Co., LPA, where he is a co-chair of the firm's appellate advocacy practice group and a leader in the insurance coverage and bad faith practice group.
Since joining Reminger in 1996, Brian has maintained a diverse civil litigation practice with a concentration on appellate advocacy and insurance coverage disputes. Brian also has a robust portfolio of general liability files wherein he represents clients in all aspects of litigation.
As an appellate practitioner, Brian has represented clients before the United States Supreme Court, the United States Court of Appeals for the Sixth Circuit, the Ohio Supreme Court and almost every Ohio state appellate district. Brian has been lead counsel responsible for reviewing the trial court record, developing an appellate strategy, drafting appellate briefs, and presenting oral arguments in close to 300 appellate matters. These appeals have involved legal issues concerning statutory construction, contract interpretation, personal and subject matter jurisdiction, the discoverability of trade secrets, protected health information, privileged material, tort duties, and the application of the rules of evidence and civil procedure. Brian’s representation has spanned the breadth of Reminger’s clientele including representing doctors, lawyers, accountants, employers, injured claimants, hospitals, pharmacies, financial institutions, product manufacturers, premise owners, and insurance companies.
As it relates to his insurance coverage practice, Brian usually represents insurance companies in disputes with their policyholders. This representation involves counseling insurance companies on their rights and responsibilities regarding the duty to defend and indemnify policyholders and drafting opinion letters. On occasion, Brian also represents policyholders helping them to understand their rights and responsibilities after a loss. Brian actively litigates coverage disputes in federal and state courts involving breach of contract, declaratory judgment, and bad faith. This litigation sometime involves document intensive discovery and the discovery of potentially privileged information.
In addition to representing clients in appellate proceedings and insurance coverage disputes, Brian also has a diverse general litigation practice. He represents professionals, business owners, and injured claimants in various civil actions. This representation includes all facets of litigation, including developing pre-suit strategy, drafting pleadings, conducting written discovery, taking and defending depositions, drafting dispositive motions, participating in alternative dispute resolution vehicles, and conducting trial. In all his efforts, Brian strives to efficiently solve my clients’ problems through wise counsel, effective advocacy, mediation, arbitration, dispositive motion practice, or trial.
- Leopold v. Ace Doran Hauling & Rigging Company, 136 Ohio St.3d 257, 2013-Ohio-3107
- Houdek v. Thyssenkrupp Materials, N.A., Inc., 134 Ohio St.3d 491, 2012-Ohio-5685
- White v. Leimbach, 131 Ohio St.3d 21, 2011-Ohio-6238
- Huff v. First Energy Corp., 130 Ohio St.3d 196, 2011-Ohio-5083
- New Destiny Treatment Center, Inc. v. Wheeler, 129 Ohio St.3d 39, 2011-Ohio-2266
- Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, LPA, 559 U.S. 573, 130 S.Ct. 1605, 176 L.Ed.2d 519 (2010)
Honors & Recognitions
Brian has been recognized by the Ohio Association of Civil Trial Attorneys for his outstanding contribution to the development of the law as author of a number of amicus curiae briefs filed in the Ohio Supreme Court.
Listed in Best Lawyers in America for Insurance Law, Litigation - Insurance
Recognized as a Super Lawyer by Ohio Super Lawyers Magazine
Community & Professional
Ohio Supreme Court
-Board of Commissioners for Character and Fitness
Ohio State Bar Association
Ohio Association of Civil Trial Attorneys
Cleveland Metropolitan Bar Association
-Appellate Court Committee
-Insurance Law Committee
Lawyers Guild of The Catholic Diocese of Cleveland
Defense Research Institute (DRI)
- Oct 22, 2020, Dismissal affirmed by Eighth District Court of AppealsEighth Appellate District, Cuyahoga County, Ohio; Cuyahoga County Court of Common Pleas
Defense of pain management physician in a medical negligence claim, allegedly leading to a spinal cord injury.
- Nov 15, 2018, Judgment Reversed and Remanded8th District Court of Appeals
Elizabeth Tomcho, et al. v. ALTL Inc., et al.
Filing of a Motion to Vacate Judgment resulting in a reversal of a $6 million default judgment against a truck driver in a multi-vehicle accident
Result: Judgment Reversed and Remanded
- Jul 3, 2017, Reversed6th Appellate Dist
Gallagher, Extr. v. Firelands Regional Medical Center
Defendant appealed adverse trial court judgment in wrongful death medical malpractice case
- Aug 26, 2015, Summary Judgment Affirmed9th Appellate Dist.
Smith v. Helsop
Plaintiff appealed trial court grant of summary judgment to defendant in commercial premises liability matter.
- Mar 21, 2013, Judgment AffirmedU.S. District Court of Appeals, Sixth Circuit
E/O S. Galloway v. Marion Psychological Inc., et al.
Plaintiff appealed adverse trial court judgment in wrongful death suicide claim
- Feb 18, 2013, Judgment ReversedOhio Supreme Court
Hewitt v. L.E. Meyers Co.
Employer appeals to Supreme Court in Court of Appeals reversal of trial court judgment in so-called 'intentional tort case' involving statutory definition of 'equipment safety guard'
- Dec 6, 2012, Re-instatement of favorable trial court judgmentOhio Supreme Court
Houdek v. ThyssenKrupp
On behalf of employer, obtained Ohio Supreme Court reversal of Court of Appeal decision. Ohio Supreme Court reinstated favorable trial court summary judgment ruling on test of deliberate intent relative to employer intentional tort.
- May 10, 2012, Appeal DismissedOhio Supreme Court
Plaintiff v. General Dentist Defendant
Ohio Supreme Court dismissed appeal of judgment favoring defendants in case involving alleged failure to diagnose oral cancer.
- Mar 29, 2012, Reversed and Remanded4th Appellate Dist
James Lee Robinson, et al., v. Bob Spurlock, et al.
Appealed of adverse trial court judgment in prosecution of property damage subrogation claim
- Mar 19, 2012, Judgment Affirmed11th Appellate Dist
Plaintiff v. General Dentist Defendant
Plaintiff's unsuccessful appeal of trial court judgment in favor of defendants dentists in case involving alleged failure to diagnose oral cancer.
- Jan 27, 2012, Plaintiff VerdictMiami
Defense of insurance coverage bad faith claim
- Jan 19, 2012, Affirmed8th Appellate Dist
Borsellino, et al. v. Smythe Cramer, et al.
Plaintiffs appealed adverse trial court judgment on Motion for Relief from Judgment.
- Jan 19, 2012, Reversed8th Appellate Dist
Estate of Wood v. Harborside Health Care
Estate of deceased resident appealed adverse trial court judgment in wrongful death for alleged failure to timely diagnose and treat resident’s infection claim.
- 2011U.S. Supreme Court
- Feb 28, 2011, Judgment Affirmed3rd Appellate Dist.
C. Heider, Admrx., et al. v. U.S. Utility Contractor Co.
Plaintiff appealed adverse trial court judgment in design defect of traffic signal wrongful death action.
- Dec 30, 2010, Judgment Affirmed8th Appellate Dist
Turk v. Novacare Rehab. Of Ohio
Plaintiff appealed advised trial court ruling for summary judgment in a premises liability case.
- Oct 28, 2010, Judgment Affirmed8th Appellate Dist
Elizabeth Schura, etc. et al. v. C. Marsick, M.D. & Physicians Staffing
Plaintiff appealed a trial court judgment in medical negligence claim.
- Oct 21, 2010, Judgment Affirmed For Appellee8th Appellate Dist
In Re: Estate of Baltic
Plaintiff appealed trial court’s grant of summary judgment to charitable organization in a probate administration case.
- Sep 9, 2010, Judgment Affirmed8th Appellate Dist
Rosalind Franklin v. Emily Franklin, et al.
Plaintiff appealed trial court judgment refusing her application for trusteeship and removal of present trustees.
- Dec 4, 2009, Reversed11th Appellate Dist
Anthony v. Andrews
Reversing sanctions issued against Defendant physician for failure to proceed in good faith at mediation conference since privileged communications should not have been disclosed in mediator's report.
- Nov 20, 2009, Affirmed7th Appellate Dist
Click v. Georgopoulos
Affirming summary judgment in favor of Defendant in wrongful death suit because Plaintiff failed to produce an expert witness demonstrating negligence.
- Oct 22, 2009, Affirmed8th Appellate Dist
Coleman v. Beachwood
Affirming summary judgment in favor of Defendant since, inter alia , the city had immunity from a claim for intentional infliction of emotional distress.
- Aug 27, 2009, Affirmed8th Appellate Dist
Anderson v. Snider Cannata Co.
Affirming summary judgment in favor of Defendant contractors where Plaintiff subcontractor fell down a stairway while working on a construction site since Defendant had no duty to warn of the inherently dangerous.
- Aug 6, 2009, Affirmed8th Appellate Dist
Montanez v. MetroHealth Med. Ctr.
Affirming summary judgment in favor of Defendant in medical malpractice claim regarding the removal of a portion of the Plaintiffs lung since statute of limitations had expired and Defendant medical center was not liable.
- Jun 30, 2009, Reversed6th Appellate Dist
Mallette v. Penske Truck Leasing Co., L.P.
Reversing summary judgment granted to Defendant since Plaintiff's injury, which occurred by way of faulty step on a truck, could reasonably have been caused by Defendants negligence.
- May 21, 2009, Affirmed8th Appellate Dist
Outlaw v. Werner
Affirming summary judgment in favor of Defendant regarding a claim for defamation and intentional infliction of emotional distress.
- Jan 29, 2009, Affirmed8th Appellate Dist
Cosgrove v. Rose
Affirming order of probate court which determined that a trustee had the authority to make monthly distributions of funds to a contingency trust beneficiary.
- Dec 26, 2008, Reversed11th Appellate Dist
Auto-Owners Ins. Co. v. Feeler
Reversing dismissal of automobile accident victim's motion for dismissal from judgment since victim did not authorize release of claims against insurer fro personal injury.
- Nov 11, 2008, Reversed8th Appellate Dist
Thomas v. Univ. Hospitals of Cleveland
Reversing summary judgment of medical malpractice claims granted in favor of Defendant surgeons since expert testimony created a genuine issue as to proximate causation of injuries.
- Sep 30, 2008, Affirmed11th Appellate Dist
Adovasio v. Girard Community Commt.
Affirming summary judgment in favor of employer since employee was not fired in retaliation for filing a worker's compensation claim and was not discriminated against for his long hair and beard.
- Aug 7, 2008, Affirmed8th Appellate Dist
Pappas v. Ippolito
Affirming summary judgment in favor of Defendant since Plaintiff could not have relied upon Defendant's alleged representations prior to sale of apartment building
- Jun 30, 2008, Affirmed9th Appellate Dist.
Goodrich Corp. v. Commercial Union Ins. Co.
Affirming a jury verdict rendered in favor of insured Plaintiff and awarding prejudgment interest against two insurers with whom Plaintiff had held umbrella liability policies to indemnify against claims filed by
- Mar 28, 2008, Affirmed11th Appellate Dist
Lanzone v. Zart
Affirming jury verdict in favor of Defendants where newborn child was injured during delivery.
- Dec 28, 2007, Affirmed11th Appellate Dist
Huffman v. Willoughby
Affirming denial of Defendant city's motion to dismiss since Plaintiffs properly stated a claim for drowning deaths caused by Defendants dam, and Defendant was not immune from liability.
- Press Release, Dec 8, 2020
- Press Release, Aug 20, 2020
- Press Release, Nov 27, 2019
- Press Release, Aug 15, 2019
- Brian D. Sullivan Appointed by Ohio Supreme Court to Serve Three-Year Term on Board of Commissioners on Character & FitnessPress Release, Jan 24, 2019
- Press Release, Dec 5, 2018
- Reminger Foundation, Lawyers Guild of the Catholic Diocese of Cleveland, and Catholic Community Foundation Join to Create Martin T. Galvin Memorial Scholarship FundPress Release, Oct 10, 2018
- Press Release, Aug 15, 2018
- Press Release, Jun 27, 2018
- Press Release, Dec 6, 2017
- Press Release, Dec 2, 2016
- Press Release, Dec 2, 2015
- Press Release, Dec 3, 2014
- Press Release, Dec 5, 2013
- Press Release, Dec 17, 2012
- Press Release, Dec 16, 2011
- Oct 28, 2020
- Webinar, Sep 16, 2020
- Dispute Resolution & Deal MakingIndependence, OH, Sep 25, 2019
- The Ohio Supreme Court Deals a Heavy Blow to the Use of the Delayed-Damage Rule Against Insurance Agents in Professional LiabilityCleveland, OH, Dec 7, 2018
- Coverage Issues Involving Playgrounds in Churches and Liability for Acts of DiscriminationOrville, OH, Nov 9, 2018
- The Arbitration Process and Procedure in ADRCleveland, OH, Mar 25, 2018
- Las Vegas, NV, Mar 16, 2018
- Protocol of Appellant ArgumentCleveland, OH, Sep 27, 2017
- How to Respond to a Potential Bad Faith Set UpCleveland, OH, Jun 15, 2017
- Ramifications of Providing Defense Under Reservation of RightsEndurance Insurance Company Claim Staff, New York, NY, May 27, 2015
- Ramification of issuing reservation rights letterCleveland Academy Civil Trial Attorneys, Cleveland, OH, Apr 21, 2015
- Non-Trucking Liability Insurance Coverage: Dynamics and TrendsProgressive Insurance Co., Cleveland, OH, Apr 1, 2015
- Strategic Considerations in Asserting Duty of Defense CoverageNortheast Ohio Association of Corporate Counsel, Oct 23, 2014
- Strategies and Considerations for the Policyholder When a Carrier Provides a Defense Under a Reservation of RightsSherwin Williams Landmark Conference room -101 W. Prospect Avenue, 9th Floor - Cleveland, Ohio, Oct 16, 2014
- The Fawcett Center on campus at The Ohio State University, Jun 18, 2014
- Future of Employer Intentional TortsOhio State Bar Assn. CLE Seminar on Workers’ Comp. and Employment Practices - Columbus, OH, Sep 12, 2013
- Insurance Coverage for Employment Intentional TortsOhio Association of Civil Trial Attorneys Insurance Coverage Seminar - Columbus, OH, Jun 24, 2013
- Appellate ProceduresNational Business Institute CLE - Cleveland, OH, Dec 21, 2012
- Good Faith Claims HandlingFirst Party Claims Conference of National Association of Public Insurance Adjusters - Providence, RI, Oct 16, 2012
- Professionalism and Ethics in the Practice of LawCLE Seminar – Gilbride & Company Coverage for Attorneys - Independence, OH, May 17, 2012
- Discovery in Probate Court Proceedings and Alternative Disputes ResolutionNational Business Institute CLE Program - Cleveland, OH, Mar 27, 2012
- National Business Institute CLE Seminar - Independence, OH, Nov 15, 2011
- Ohio and Kentucky Auto Liability LawAmerican National Property & Casualty Co. Seminar - Springfield, MO, Oct 19, 2011
- Columbus, OH, Aug 25, 2010
- Trucking vs. Non Trucking Liability Insurance Coverage Dynamics and Trends- Progressive Insurance Co. Commercial Auto Division.Cleveland, OH, Jun 9, 2010
- Insurance Law from A to ZJun 18, 2009
- Tort Reform and Bad Faith Litigation in Ohio, American National Porperty & Casualty Co.Springfield, MO, Oct 22, 2008
- Discovery, Cleveland Marshall Law Alumni AssociationSep 27, 2008
- Litigation Bad Faith Insurance Claims, National Business Institute CLECleveland, Ohio, Apr 1, 2008
- Legal Professionalism and Ethics, Gilbride & Company Attorney SeminarCleveland, Ohio, Dec 12, 2007
- The Structure of an Insurance Policy, Cleveland Marshall College of Law CLE SeminarCleveland, Ohio, Sep 29, 2007
- Bad Faith & Litigating an Insurance Claim, National Business Institute CLECleveland, Ohio, Sep 14, 2007
- Bad Faith in Commercial Insurance Coverage Disputes, Royal & SunAlliance National Claims OfficeCharlotte, NC, Feb 23, 2007
- Academy of Medicine for Cleveland and Northern Ohio Journal, Dec 2020
- Insurance Coverage/Bad Faith Newsletter, April 2020, Apr 3, 2020
- Insurance Coverage/Bad Faith Newsletter, April 2020, Apr 3, 2020
- Published Case: Gallagher, Extr. v. Firelands Regional Medical Center 2017-Ohio-483Patient’s medical records including doctor’s hearsay statements were admissible under the business records exception of the hearsay rule, Jul 3, 2017
- Absent a deliberate intent to injury another an employer is not liable for a claim alleging an employer intentional tort - Published Case: Houdek v. ThyssenKrupp MaterialsPublished Case: Houdek v. ThyssenKrupp Materials, Apr 1, 2013
- 'Equipment safety guard' statute requires employers deliberate removal or otherwise eliminate the guardPublished-Hewitt v. L.E. Meyers Co.,134 Ohio St. 3d 199, 2012-Ohio-5317, Feb 18, 2013
- Appellate Advocacy Practice Group Spring 2012 NewsletterMar 29, 2012
- A case of 'medical informed consent' requires expert testimony of material risksPublished Case: White, et al. v. Leimbach 131 Ohio St.3d, 21, 2011-Ohio-6238, Feb 6, 2012
- In a Lack of Informed Consent Case, Expert Medical Testimony is Required to Establish Both the Risks and DangersDec 8, 2011
- DRI - The Voice, Volume 10 Issue 42, Oct 19, 2011
- Party Hiring Counsel on Behalf of Corporation Must Have Authority To Do So and Not a “Dissident” Board MemberAug 1, 2011
- Charitable organization is entitled to bequest before apportionment of estate taxesPublished case:In re: Estate of Baltic 191 Ohio App. 3rd 354,2010-Ohio-5141, May 23, 2011
- The Doctrine of Inferred Intent Applies to Exclude Coverage Where the Insureds Intentional Act and the Harm Caused are Intrinsically Tied to the ActPublished Case - Allstate Insurance Co. v. Campbell, 128 Ohio St. 3d 186, 210-Ohio-6312, Apr 1, 2011
- Is there Insurance Coverage for Criminal Acts?Reminger Insurance Coverage/ Bad Faith Quarterly Newsletter Spring 2010, Jun 1, 2010
- Apr 1, 2010
- Peer Review Documents Remain PrivilegedMar 9, 2009
- Insurance Coverage of Statutorily Based DamagesMar 5, 2009
- Mar 30, 2020
- Ohio Supreme Court Determines That Personal Injury Lawyers Cannot Sue Tortfeasor’s Insurer to Recover FeesJan 27, 2020
- Mar 26, 2018
- The Ohio Supreme Court Misses an Opportunity to Resolve Uncertainty Surrounding the Statute of Limitations for Actions Against Insurance AgentsFeb 26, 2018
- Ohio Supreme Court Determines That The Independent Corroborative Evidence Necessary To Prove An Uninsured Motorist Claim Need Not Be IndependentJan 16, 2017
- Apr 6, 2015
- Mar 18, 2015
- Ohio Supreme Court Declared That Failure to Issue Personal Protective Equipment Does Not Constitute Removal of Equipment Safety Guard for An Intentional TortNov 21, 2012
- Mar 27, 2012
- Aug 25, 2011
- Nov 1, 2010
- May 12, 2010
- U.S. Supreme Court Upholds Limitation on Legal Advice Attorney can Give Client Contemplating BankruptcyApr 7, 2010
- Judicial Staff Attorney, Ninth Appellate District Court of Appeals, Ohio, 1994
J.D., Cleveland-Marshall College of Law, summa cum laude, 1991
- Research Editor, Cleveland State Law Review
B.A., State University of New York at Binghamton, 1987
- State of Ohio, 1994
- U.S. Court of Appeals, Sixth Circuit, 1996
- U.S. District Court, Northern District of Ohio, 1996
- United States Supreme Court , 1998
- U.S. District Court, Southern District of Ohio, 2001