Brian P. Downey

Brian P. Downey

Partner

Harrisburg, PA
Phone: 717.255.1192    Fax: 717.238.0575

downeyb@pepperlaw.com

Commercial Litigation

Representative engagements include the following:

  • successfully defended 20 Pennsylvania counties against claim arising under federal False Claims Act involving approximately $3 billion in Medicaid funds
  • successfully represented an educational institution of higher learning in administrative proceeding before the Pennsylvania Department of State and in subsequent litigation with respect to challenges to projects it undertook pursuant to Pennsylvania’s Institutions of Purely Public Charity Act
  • successfully challenged applicability of New Jersey state insurance regulation to insurance policy that funds an employee welfare plan under ERISA
  • successfully represented defendants in disputes regarding denials of long-term disability benefits involving plans governed by ERISA
  • successfully represented insurers in disputes arising from allegedly wrongful denials of life insurance claims
  • successfully represented life insurer against claim seeking to reinstate life insurance policy that lapsed shortly before death of insurer
  • successfully represented insurer of variable annuity producer against claims its product failed to comply with the requirements of Pennsylvania’s Unfair Trade Practices and Consumer Protection law
  • represented fiduciaries and employee stock ownership plan (ESOP) in a class action arising under ERISA brought by employee participants in the ESOP resulting in favorable settlement
  • successfully represented defendants in securities claims arising from disputes regarding variable annuity products resulting in favorable settlement
  • obtained summary judgment in favor of hospital system in antitrust claim arising from dispute regarding physician privileges
  • obtained judgment in favor of insurance company on claim alleging improper refusal to pay benefits to a surviving spouse under the Pennsylvania Probate, Estates and Fiduciaries Code
  • obtained dismissal of claim of improper diversion of funds by the Pennsylvania State Treasurer brought against bank holding companies
  • obtained partial summary judgment for manufacturers of prefabricated building against various claims arising out of alleged building failures which resulted in favorable settlement
  • successfully represented county and its commissioners in defense of constitutionality of hotel tax imposed to finance construction of a convention center
  • successfully represented vendor of construction equipment in multiple claims arising out of contractual disputes with lessees and purchasers
  • obtained partial summary judgment in favor of cable television company in dispute with provider of weather-related services which resulted in favorable settlement
  • obtained reversal of trial court decision by the U.S. Court of Appeals for the Third Circuit for a company engaged in the provision of aircraft repair services
  • obtained dismissal of client from action challenging award of government contract in which client was named as an involuntary plaintiff
  • successfully represented manufacturers of cutting and honing oils used extensively in heavy industry against claims that exposure to those lubricants causes cancer.

Employment Litigation

Representative engagements include:

  • defended a nationwide retailer in collective actions and statewide class actions brought under the FLSA and related state wage-and-hour statutes in the Middle District of Pennsylvania
  • obtained findings of no probable cause to credit allegations of race, age, sex and disability discrimination in numerous proceedings before the PHRC, all of which have been adopted in dual-filed cases by the EEOC
  • obtained summary judgment for employer in failure to accommodate and wrongful termination claims brought by former employee under the Americans with Disabilities Act
  • obtained summary judgment for employer in case involving alleged failure to provide religious accommodation and constructive discharge claims based on race and religion
  • obtained dismissal of claim of religious discrimination brought by former commercial tenant.

Education

  • J.D., Dickinson School of Law, 1990
  • B.A., English, Dartmouth College, 1987

Bar Admissions

  • Pennsylvania
  • Ohio

Court Admissions

  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, Middle District of Pennsylvania
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Western District of Pennsylvania
  • U.S. District Court, Eastern District of Michigan

Practice Areas