Bryan Holbrook is an associate in O’Hagan Meyer’s Richmond office, where he focuses his practice on labor and employment matters, business/commercial litigation, and tort defense. Mr. Holbrook has been involved in the litigation of discrimination, retaliation, and wrongful termination claims in federal and state courts. He has defended claims arising under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act. Mr. Holbrook regularly defends clients with charges pending before the Equal Employment Opportunity Commission and the Virginia Employment Commission.
Mr. Holbrook's tort defense practice includes defending against general negligence, premises liability, negligent hiring, negligent supervision, and negligent training claims. He has successfully obtained dismissal of intentional tort claims, including claims for trespassing, assault, and battery. Mr. Holbrook also has experience with the procedural intricacies involved in cases submitted to the judicial panel on multi-district litigation.Mr. Holbrook guides appropriate cases through mediation and appreciates the benefits to the client of alternative dispute resolution. He currently serves on the Joint ADR Committee, which is comprised of leaders of The Virginia Bar Association and Virginia State Bar. While attending the University of Cincinnati College of Law, Mr. Holbrook founded the College's Alternative Dispute Resolution Club and served as club president for two years. In that capacity, he represented the University of Cincinnati at the Transactional Law Meet in Kansas City, Missouri, as well as the National Sports Law Negotiation Competition in San Diego, California. Representative Experience
- Second chair attorney in Title VII sexual harassment suit in the U.S. District Court for the Western District of Virginia, responsible for taking/defending multiple depositions, and drafting and arguing multiple dispositive motions and evidentiary motions in advance of trial.
- Second chair attorney responsible for assisting with drafting and arguing multiple motions in limine to exclude evidence in assisted living facility matters, with each resulting in plaintiff cancelling trial.
- Obtained nonsuit for one client, and dismissal of five separate counts against another client in an assault and battery, nursing home negligence case.
- Persuaded court that Virginia does not recognize torts of negligent supervision or negligent training, despite growing minority of courts allowing such claims to survive summary dismissal.
- Obtained dismissal of punitive damages count, on basis that nursing home did not authorize or ratify the tortious actions of a former employee.
- Successfully argued that Plaintiff's claims were required to proceed under the Virginia Medical Malpractice Act, rather than under theories of ordinary negligence.
- Obtained dismissal of implied rental contract claim against construction company based upon allegations that company used plaintiff’s land for storage purposes without permission.
- Obtained voluntary dismissal of multiple allegations of building and zoning code violations related to a premises liability claim at a rehabilitation facility following the successful deposition of plaintiff's engineering expert.
- Assisted in drafting global motion to dismiss all claims by over 200 plaintiffs in highly-publicized multidistrict litigation matter. Brief featured in National Law Journal.
- Practice Areas
Education and Admissions
- University of Cincinnati College of Law, J.D., Magna Cum Laude, Order of the Coif, University of Cincinnati Law Review
- Great Lakes Sports and Entertainment Law Academy
- Appalachian State University, B.S., Business Administration, Magna Cum Laude
- Supreme Court of Virginia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
Professional Organization Memberships
- Richmond Bar Association
- Virginia Bar Association
- Virginia State Bar
- The Ted Dalton American Inn of Court (Roanoke)
- Salem Rotary Club
- Young Lawyers' Division liaison to the Virginia Bar Association/Virginia State Bar Joint Committee on Alternative Dispute Resolution, 2014-present
- Southwest Virginia Co-Coordinator, Veterans' Issues Task Force of the Virginia Bar Association, 2015-present
News, Honors, Publications & Speeches
- Rising Star, Virginia Super Lawyers, Employment Litigation: Defense – 2017 & 2018
- Home Field Advantage? An Analysis of Workers’ Compensation Choice of Law and Choice of Forum Provisions in NFL Contracts, U. CIN. L. REV. Vol. 81.2 (2013)
- Check, One-Two. Check, One-Two: Sounding Off In Favor of Employee Background Checks, Jul 25, 2016, Long Term Care Counsel Blog
- Daye Award, Appalachian State University, 2010 (students who assert sincerity, loyalty, integrity, dedication, and stewardship)