brian

Home/Articles/Brian O’Shea

About Brian O’Shea

Brian O’Shea is a litigation attorney who focuses his practice on employment and labor law, professional malpractice, and complex litigation.

Prior to joining Carr Maloney, Brian was a Law Clerk to the Honorable Crystal Dixon Mittelstaedt, Associate Judge for the Circuit Court for Prince George’s County, Seventh Judicial Circuit of Maryland. As Judge Mittelstaedt’s law clerk, Brian authored multiple written legal opinions in civil and criminal post-conviction proceedings involving allegedly illegal sentences and ineffective assistance of counsel.

Brian graduated from the George Washington University Law School with honors, where he was on the Editorial Board for the Federal Communications Law Journal and published “A New Method to Address Cyberbullying in the United States.” He was also a member of the National Security Law Association and the Criminal Law Society. While attending Law School, Brian was a Law Clerk for both the District of Columbia Office of the Attorney General and the United States Attorney’s Office for the District of Columbia.

Brian graduated summa cum laude with an undergraduate degree in Politics from Saint Anselm College, where he received the President’s Award for Academic Excellence and was a member of the Pi Sigma Alpha, Delta Epsilon Sigma, and Pi Gamma Mu national honor societies.

Associate, Carr Maloney PC

Supreme Court Considers Whether to Automatically Stay Litigation During an Arbitration Appeal

In 2021, two plaintiffs filed separate class-action lawsuits against Coinbase, one of the largest cryptocurrency exchanges in the U.S.  Coinbase moved to compel arbitration in each case because both plaintiffs signed Coinbase’s User Agreement directing any dispute to arbitration.  The United States District Court for Northern California denied arbitration in both cases.  Coinbase appealed the denial of arbitration and moved to stay the underlying class actions.  The District Court again denied Coinbase’s motion and allowed both the arbitration appeal and the class action litigation to proceed concurrently.

The Ninth Circuit affirmed the District Court in both cases.  […]

By |2023-01-14T08:35:50-05:00December 21st, 2022|Practice Areas: Class Action|Topics: , , |

Texas Pete’s Hot Sauce Accused of False Advertising in Class Action Lawsuit

On September 12, 2022, Plaintiff and California resident Phillip White, brought a class lawsuit on behalf of himself and other similarly situated plaintiffs against Defendant T.W. Garner Food Company in the United States District Court of Central District of California. The Complaint asserts that although T.W. Garner brands its hot sauce products under its Texas Pete brand name, there is “surprisingly nothing Texas about them.” Plaintiff alleges that unknown to consumers, Texas Pete’s hot sauces are standard Louisiana-style, made with ingredients sourced outside the state of Texas, at a factory in North Carolina. Even though the […]

Recipients of Telemarketing Calls Made on Behalf of DirecTV Granted Class Certification in Class Action Lawsuit

On August 1, 2022, the United States District Court for the Northern District of West Virginia granted class certification to a group of about 114,000 individuals who, despite being on the national Do-Not-Call Registry, received at least two robocalls placed on behalf of DirecTV.  The court concluded that this was “a model case for the application of the class action mechanism.”

In 1991, Congress enacted the Telephone Consumer Protection Act (“TCPA”), which, among other things, created a Do-Not-Call Registry that prohibited the initiation of telephone solicitations to residential telephone numbers listed on the registry.  The TCPA provides […]

JUUL: Now in Certified Class Action Flavor

On June 28, 2022, the United States District Court for the Northern District of California certified four separate plaintiff classes in the nationwide JUUL electronic cigarette litigation. Certification of a plaintiff class is necessary for a class action lawsuit to proceed. The lawsuit alleges teen injury, fraud, and RICO violations against JUUL Labs and others, for the allegedly addictive and harmful effects of JUUL’s products.

In opposition to class certification, the JUUL Defendants argued that the proposed class lacked “commonality” because each potential plaintiff made an individual decision to purchase products containing nicotine or other addictive ingredients. […]

By |2022-07-26T11:15:36-04:00July 26th, 2022|Practice Areas: Class Action, General|Topics: , , |

Supreme Court Rules Prejudice Inquiry has no Place in Waiver of Arbitration Contract Provision

On May 23, 2022, the Supreme Court ruled, in a decision that will potentially have wide ranging impact on the arbitration of potential class action disputes, that a party’s right to try to send a case to arbitration after first litigating does not depend on whether the delay prejudiced the other party.  As a result, workers seeking to keep their cases out of arbitration no longer need to show prejudice when fighting a delayed arbitration bid.  They only need to show that the employer waived its right to arbitration by engaging in conduct inconsistent with the […]

State Farm Policy Holders Granted Class Certification for Second Time in COVID-19 Insurance Recovery Class Action

On February 11, 2022, the United States District Court for the Eastern District of Virginia granted class certification for a second time to a statewide class of Virginia businesses in a potentially precedent setting COVID-19 insurance recovery class action.  The class includes at least 111 Virginia businesses who submitted insurance claims for pandemic-related losses to their insurer, State Farm—and whose claims State Farm denied under its policy’s virus exclusion.  The court’s ruling comes months after a Fourth Circuit panel reversed the trial court’s ruling and remanded the case, ruling that the trial court improperly granted class […]

By |2022-02-25T14:08:23-05:00February 25th, 2022|Practice Areas: Class Action|Topics: , , |

Dolphin’s Former Head Coach Sues NFL For Racial Hiring Practices

On Tuesday, February 1, 2022, former Miami Dolphins head coach Brian Flores filed a class-action lawsuit against the NFL and multiple NFL teams, including the New York Giants, the Denver Broncos, and the Miami Dolphins, alleging racial discrimination in the hiring process of African American coaches and general managers.  Although not directly relevant to his race discrimination claims, Flores also alleged that Dolphins owner Stephen Ross offered to pay him $100,000.00 per loss for each loss during the 2019 season.  Flores’ lawsuit comes just weeks after the Dolphins controversially fired him, despite back-to-back winning seasons as […]

Top Universities Accused of Collusion on Calculating Financial Aid

Georgetown University, along with 15 other private universities, are now defendants in an antitrust lawsuit recently filed in Illinois federal court regarding their financial aid calculations. The plaintiffs are five former students who attended some of the defendant universities and allege they engaged in price fixing and unfairly limited financial aid by utilizing a shared calculation method for applicants’ financial needs.

The defendants are private, national universities that are members of an organization titled the “568 Presidents Group.”  The group’s name is derived from a section of federal law permitting collaboration among universities on financial aid formulas […]

By |2022-01-25T12:50:08-05:00January 25th, 2022|Practice Areas: Class Action|Topics: , , |

2021 Year in Class Actions

2021 was a busy year in class actions.  State and federal courts across the country grappled with thousands of different class action lawsuits ranging from consumer protection, to employment discrimination, to COVID-19-related cases.

Within this influx of class action lawsuits, there were key developments in class action law that affected these lawsuits in 2021 and may continue to have an impact in years to come.  This article addresses just a handful of these developments.

 

I. Article III Standing in Class Action Lawsuits

On June 25, 2021, the Supreme Court issued what may be a landmark decision in TransUnion v. […]

By |2022-01-05T09:48:29-05:00January 4th, 2022|Practice Areas: Class Action|

Supreme Court to Consider Waiver of Right to Arbitration in Employee Wage and Hour Case

On November 15, 2021, the U.S. Supreme Court announced it would hear a case by a former Taco Bell employee, Robyn Morgan, regarding her former employer’s right to compel arbitration in her wage and hour case.  Morgan’s claims stem from her allegation that her former employer and Taco Bell franchisee, Sundance, Inc., failed to pay her time-and-a-half for overtime.  Specifically, Morgan alleges that Sundance recorded her worktime across multiple weeks to keep her time under forty hours per week.  Sundance answered Morgan’s Complaint and litigated the case for eight months.  It then moved to compel arbitration […]

State Farm Policy Holders Granted Class Certification in COVID-19 Insurance Recovery Class Action

On August 19, 2021, in a first-of-its-kind ruling, the United States District Court for the Eastern District of Virginia granted class certification to a statewide class of Virginia businesses in a COVID-19 insurance recovery class action.  The Court granted class certification to a class of at least 111 Virginia businesses that, between March 23 and June 20, 2020, submitted insurance claims to State Farm for pandemic-related business losses.  The losses stemmed from the COVID-19 restrictions put in place in Virginia that required many recreational businesses to close—and then only permitted them to reopen at limited capacity […]

By |2021-08-27T14:56:20-04:00August 27th, 2021|Practice Areas: Class Action|Topics: , , |

Supreme Court Rules in Favor of Athletes on Restricting Payment of Education-Related Benefits

On June 21, 2021, the Supreme Court ruled in favor of college athletes in their dispute with the NCAA over caps on certain education-related benefits.  In a 9-0 decision, the Court affirmed the ruling of the Ninth Circuit that the NCAA’s restrictions on certain education-related benefits to college athletes violates anti-trust laws.  Although college athletes will not receive salaries tied to their participation in athletics, they will be able to receive compensation for education-related activities and expenses—like internships, computers, and study abroad programs.

While the NCAA has defended its caps on education-related benefits as necessary to preserve […]

By |2021-06-22T10:46:11-04:00June 22nd, 2021|Practice Areas: Class Action|Topics: , , |