- 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
I strive to achieve the proper balance between faith, family and firm. I'm grateful for the opportunity to assist clients in solving their challenging and complex problems while working at a firm that encourages its employees to be devoted to their community.
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.
Brian’s writing and advocacy skills have enabled him to represent insurance companies in complex disputes with policyholders and hundreds of clients in appellate proceedings in both state and federal courts. He has briefed and/or argued numerous cases before most of the appellate courts in Ohio, the Ohio Supreme Court, the Sixth Circuit Court of Appeals, and in the United States Supreme Court. Brian frequently speaks before professional organizations on topics including ethics, professionalism, civil procedure, legal writing, appellate advocacy and insurance coverage.
Brian is an active member of several bar associations, and also serves as the President of The Lawyers Guild of the Catholic Diocese of Cleveland.
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 Rising Star and as a Super Lawyer by Ohio Super Lawyers Magazine.
Professional Memberships & Community Affiliations
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)
- 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)
- November 15, 2018, Judgment Reversed and Remanded8th District Court of Appeals
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
- July 3, 2017, Reversed6th Appellate Dist
Defendant appealed adverse trial court judgment in wrongful death medical malpractice case
- Smith v. HelsopAugust 26, 2015, Summary Judgment Affirmed9th Appellate Dist.
Plaintiff appealed trial court grant of summary judgment to defendant in commercial premises liability matter
- March 21, 2013, Judgment AffirmedU.S. District Court of Appeals, Sixth Circuit
Plaintiff appealed adverse trial court judgment in wrongful death suicide claim
- February 18, 2013, Judgment ReversedOhio Supreme Court
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'
- Houdek v. ThyssenKruppDecember 6, 2012, Re-instatement of favorable trial court judgmentOhio Supreme Court
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.
- William Babcock, et al. v. Rusty Albrecht, DDS, et al.May 10, 2012, Appeal DismissedOhio Supreme Court
Plaintiffs appealed adverse court of appeals affirmance of trial court judgment in dental malpractice case involving diagnosis of oral cancer.
- March 29, 2012, Reversed and Remanded4th Appellate Dist
Appealed of adverse trial court judgment in prosecution of property damage subrogation claim
- March 19, 2012, Judgment Affirmed11th Appellate Dist
Plaintiffs appealed adverse trial court judgment in dental malpractice case involving diagnosis of oral cancer.
- Hicks v. Mennonite Mutual InsuranceJanuary 27, 2012, Plaintiff VerdictMiami
Defense of insurance coverage bad faith claim
- Estate of Wood v. Harborside Health Care (Harbor Care)January 19, 2012, Reversed8th Appellate Dist
Estate of deceased resident appealed adverse trial court judgment in wrongful death for alleged failure to timely diagnose and treat resident’s infection claim.
- Borsellino, et al. v. Smythe Cramer, et al.January 19, 2012, Affirmed8th Appellate Dist
Plaintiffs appealed adverse trial court judgment on Motion for Relief from Judgment.
- Estate of Wood v. Harborside Health CareJanuary 19, 2012, Reversed8th Appellate Dist
Estate of deceased resident appealed adverse trial court judgment in wrongful death for alleged failure to timely diagnose and treat resident’s infection claim.
- February 28, 2011, Judgment Affirmed3rd Appellate Dist.
Plaintiff appealed adverse trial court judgment in design defect of traffic signal wrongful death action.
- December 30, 2010, Judgment Affirmed8th Appellate Dist
Plaintiff appealed advised trial court ruling for summary judgment in a premises liability case
- Elizabeth Schura, etc. et al. v. C. Marsick, M.D. & Physicians StaffingOctober 28, 2010, Judgment Affirmed8th Appellate Dist
Plaintiff appealed a trial court judgment in medical negligence claim
- October 21, 2010, Judgment Affirmed For Appellee8th Appellate Dist
Plaintiff appealed trial court’s grant of summary judgment to charitable organization in a probate administration case
- September 9, 2010, Judgment Affirmed8th Appellate Dist
Plaintiff appealed trial court judgment refusing her application for trusteeship and removal of present trustees
- December 4, 2009, Reversed11th Appellate Dist
Reversing sanctions issued against Defendant physician for failure to proceed in good faith at mediation confrence since privileged communications should not have been disclosed in mediator's report
- November 20, 2009, Affirmed7th Appellate Dist
Affirming summary judgment in favor of Defendant in wrongful death suit because Plaintiff failed to produce an expert witness demonstrating negligence.
- October 22, 2009, Affirmed8th Appellate Dist
Affirming summary judgment in favor of Defendant since, inter alia , the city had immunity from a claim for intentional infliction of emotional distress.
- August 27, 2009, Affirmed8th Appellate Dist
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.
- August 6, 2009, Affirmed8th Appellate Dist
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.
- June 30, 2009, Reversed6th Appellate Dist
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.
- Outlaw v. WernerMay 21, 2009, Affirmed8th Appellate Dist
Affirming summary judgment in favor of Defendant regarding a claim for defamation and intentional infliction of emotional distress
- January 29, 2009, Affirmed8th Appellate Dist
Affirming order of probate court which determined that a trustee had the authority to make monthly distributions of funds to a contingency trust beneficiary
- December 26, 2008, Reversed11th Appellate Dist
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.
- November 11, 2008, Reversed8th Appellate Dist
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
- September 30, 2008, Affirmed11th Appellate Dist
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.
- August 7, 2008, Affirmed8th Appellate Dist
Affirming summary judgment in favor of Defendant since Plaintiff could not have relied upon Defendant's alleged representations prior to sale of apartment building
- June 30, 2008, Affirmed9th Appellate Dist.
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
- March 28, 2008, Affirmed11th Appellate Dist
Affirming jury verdict in favor of Defendants where newborn child was injured during delivery.
- December 28, 2007, Affirmed11th Appellate Dist
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, December 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, October 10, 2018
- Press Release, August 15, 2018
- Press Release, June 27, 2018
- Press Release, December 6, 2017
- Press Release, December 2, 2016
- Press Release, December 2, 2015
- Press Release, December 3, 2014
- Selection Includes 30 Super Lawyers and 16 Rising Stars Across Ohio and KentuckyPress Release, December 5, 2013
- Press Release, December 17, 2012
- Press Release, December 16, 2011
- The Ohio Supreme Court Deals a Heavy Blow to the Use of the Delayed-Damage Rule Against Insurance Agents in Professional LiabilityThe Reminger Report: A Review of Significant ’18 Cases CLE, Cleveland, OH, December 7, 2018
- Coverage Issues Involving Playgrounds in Churches and Liability for Acts of DiscriminationMennonite Mutual Co. Agents’ Association, Orville, OH, November 9, 2018
- The Arbitration Process and Procedure in ADRCase Western Reserve University Law School, Cleveland, OH, March 25, 2018
- EC Defense Network Spring Meeting, Las Vegas, NV, March 16, 2018
- Protocol of Appellant ArgumentCleveland Marshall School of Law, Cleveland, OH, September 27, 2017
- How to Respond to a Potential Bad Faith Set UpNational Business Institute CLE Seminar, Cleveland, OH, June 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, April 21, 2015
- Non-Trucking Liability Insurance Coverage: Dynamics and TrendsProgressive Insurance Co., Cleveland, OH, April 1, 2015
- Strategic Considerations in Asserting Duty of Defense CoverageNortheast Ohio Association of Corporate Counsel, October 23, 2014
- Strategies and Considerations for the Policyholder When a Carrier Provides a Defense Under a Reservation of RightsNetworking & CLE Event geared toward In House Counsel that highlights the play that exists in insurance coverage issues. Come for the CLE, stay for the refreshments and networking to follow!Northeast Ohio Chapter of the Association of Corporate Counsel, Sherwin Williams Landmark Conference room -101 W. Prospect Avenue, 9th Floor - Cleveland, Ohio, October 16, 2014
- 2014 Summer SeminarOhio Coalition of Appraisal Professionals, The Fawcett Center on campus at The Ohio State University, June 18, 2014
- Future of Employer Intentional TortsOhio State Bar Assn. CLE Seminar on Workers’ Comp. and Employment Practices - Columbus, OH, September 12, 2013
- Insurance Coverage for Employment Intentional TortsOhio Association of Civil Trial Attorneys Insurance Coverage Seminar - Columbus, OH, June 24, 2013
- Appellate ProceduresNational Business Institute CLE - Cleveland, OH, December 21, 2012
- Good Faith Claims HandlingFirst Party Claims Conference of National Association of Public Insurance Adjusters - Providence, RI, October 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, March 27, 2012
- National Business Institute CLE Seminar - Independence, OH, November 15, 2011
- Ohio and Kentucky Auto Liability LawAmerican National Property & Casualty Co. Seminar - Springfield, MO, October 19, 2011
- Columbus, OH, August 25, 2010
- Trucking vs. Non Trucking Liability Insurance Coverage Dynamics and Trends- Progressive Insurance Co. Commercial Auto Division.Cleveland, OH, June 9, 2010
- Insurance Law from A to ZJune 18, 2009
- Tort Reform and Bad Faith Litigation in Ohio, American National Porperty & Casualty Co.Springfield, MO, October 22, 2008
- Discovery, Cleveland Marshall Law Alumni AssociationSeptember 27, 2008
- Litigation Bad Faith Insurance Claims, National Business Institute CLECleveland, Ohio, April 1, 2008
- Legal Professionalism and Ethics, Gilbride & Company Attorney SeminarCleveland, Ohio, December 12, 2007
- The Structure of an Insurance Policy, Cleveland Marshall College of Law CLE SeminarCleveland, Ohio, September 29, 2007
- Bad Faith & Litigating an Insurance Claim, National Business Institute CLECleveland, Ohio, September 14, 2007
- Bad Faith in Commercial Insurance Coverage Disputes, Royal & SunAlliance National Claims OfficeCharlotte, NC, February 23, 2007
- 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, July 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, April 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, February 18, 2013
- Appellate Advocacy Practice Group Spring 2012 NewsletterMarch 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, February 6, 2012
- In a Lack of Informed Consent Case, Expert Medical Testimony is Required to Establish Both the Risks and DangersDecember 8, 2011
- DRI - The Voice, Volume 10 Issue 42, October 19, 2011
- Party Hiring Counsel on Behalf of Corporation Must Have Authority To Do So and Not a “Dissident” Board MemberAugust 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, April 1, 2011
- Is there Insurance Coverage for Criminal Acts?Reminger Insurance Coverage/ Bad Faith Quarterly Newsletter Spring 2010, June 1, 2010
- April 1, 2010
- Peer Review Documents Remain PrivilegedMarch 9, 2009
- Insurance Coverage of Statutorily Based DamagesMarch 5, 2009
- March 1, 2009
- By Brian D. SullivanMarch 26, 2018
- Ohio Supreme Court Determines That The Independent Corroborative Evidence Necessary To Prove An Uninsured Motorist Claim Need Not Be IndependentBy Brian D. Sullivan, Esq.January 16, 2017
- By Brian SullivanApril 6, 2015
- OHIO SUPREME COURT DECLARED THAT FAILURE TO ISSUE PERSONAL PROTECTIVE EQUIPMENT DOES NOT CONSTITUTE REMOVAL OF EQUIPMENT SAFETY GUARD FOR AN INTENTIONAL TORTNovember 21, 2012
- March 27, 2012
- August 25, 2011
- November 1, 2010
- May 12, 2010
- U.S. Supreme Court Upholds Limitation on Legal Advice Attorney can Give Client Contemplating BankruptcyApril 7, 2010