Brian McAllister brings more than a decade of experience in state and federal court litigation, including nationwide automotive and medical device product liability actions, as well as complex personal injury cases involving medical malpractice, wrongful death, and automobile negligence. Additionally, Brian provides representation in whistleblower cases under the False Claims Act and offers insurance coverage experience, most recently on behalf of various states seeking to recoup overpayments to major oil companies for underground storage tank (UST) remediation.
As a member of the firm’s Electronically Stored Information (ESI) Practice Group, Brian assists clients and co-counsel in achieving structured, cost-effective, and trial focused e-Discovery solutions. He provides strategic advice and guidance related to ESI collection and preservation, document review management, technology and technology assisted review (TAR), ESI protocols, discovery dispute resolution, and at trial.
Brian also offers significant claims administration experience. He not only served as a primary point of contact for claimants in the Volkswagen Diesel Emissions Multidistrict Litigation, but he more recently coordinated claims administration in Krakauer v. Dish Network, L.L.C., a class action in which Bailey & Glasser secured a $61 million judgment for violations of the Telephone Consumer Protection Act.
When he’s not working to secure justice for his clients or spending time with his wife and daughter, Brian represents Morgantown, West Virginia, as a Commissioner for the Fairmont-Morgantown Housing Authority. And as a member of the board of directors for the Rape & Domestic Violence Information Center, Brian collaborated with the Morgantown Police Department and West Virginia University’s Division of Diversity, Equity, and Inclusion to fund, design, and create the State of West Virginia’s first soft interview room for survivors of traumatic crime, including sexual and domestic violence.
Awards & Accolades
West Virginia Rising Star, Super Lawyers, Personal Injury Medical Malpractice: Plaintiff; Class Action/Mass Torts (2017 - 2022)
Nominee, West Virginia Young Lawyer of the Year (2012)
Law Clerk, Hon. Phillip D. Gaujot, Circuit Court of Monongalia County, West Virginia (2010 - 2012)
Government Service / Previous Employment
Summer Clerk, Hon. Irene M. Keeley, US District Court for the Northern District of West Virginia (2007)
Electronically Stored Information (ESI)
Medical Device & Drugs
J.D., West Virginia University College of Law, 2009, Order of Barristers, Baker Cup Finalist, National Moot Court Team, Sprouse Fellow
B.A., Lafayette College, 1998
US District Court, Northern District of West Virginia
US District Court, Southern District of West Virginia
Supreme Court of Appeals of West Virginia