Brian D. Gross

Brian D. Gross Partner

P 617 670 8519 F 617 670 8719
125 High Street
Oliver Street Tower, 6th Floor
Boston, MA 02110
125 High Street, Oliver Street Tower, 6th Floor, Boston, MA 02110
One Citizens Plaza
Suite 620
Providence, RI 02903
One Citizens Plaza, Suite 620, Providence, RI 02903
Overview

Brian Gross has an exceptional track record of finding client-oriented solutions to complex litigation issues. Drawing on two decades of courtroom experience, he handles a broad spectrum of litigation, including products liability, food and beverage liability claims, asbestos and other toxic tort litigation, pharmaceutical and medical device claims and environmental litigation. He is accomplished in the defense of both conventional and novel claims, including those involving per-and polyfluoroalkyl substances (PFAS). Brian also focuses his practice on trucking claims, general liability issues and business disputes for clients across the United States. Whether he is trying an individual case or managing national litigation, clients trust Brian to keep their best interests firmly in his sights.

Brian believes success in litigation is ultimately defined by his client’s needs. He invests time to understand your business, industry and values, and to develop defense strategies tailored to your priorities, and minimize the impact on your business reputation, resources, and operations.  A consummate strategist, Brian aggressively investigates opposing allegations and witnesses, often unearthing information that weakens plaintiffs’ claims and lowers resolution costs.

As National Coordinating Counsel for several companies, Brian develops defense themes, prepares expert and corporate witnesses, selects and manages local counsel, tries cases, and handles settlement negotiations. As a result of these efforts, many of his clients have experienced a decrease in the defense and indemnity costs associated with their defense.  In addition, he frequently serves as a member of national trial teams, using his formidable litigation skills to protect client reputations and their bottom lines.

A popular and sought-after lecturer, Brian speaks at numerous conferences and continuing legal education events. 

Bar Admissions
  • Massachusetts
  • New Hampshire
  • Rhode Island
  • US Court of Appeals for the First Circuit
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Eighth Circuit
  • US Court of Appeals for the Ninth Circuit
  • US District Court, District of Massachusetts
  • US District Court, District of New Hampshire
  • US District Court, District of Rhode Island
  • US District Court, Eastern District of Wisconsin
Education
  • Northeastern University School of Law, JD, 1997
  • University of Maryland, College Park, BS, 1991
Experience
  • On an issue of first impression in Rhode Island, obtained a dismissal on behalf of several insurance companies that faced a direct claim by a plaintiff who claimed that the insurance companies’ former insured manufactured asbestos-containing products which caused the death of plaintiff’s decedent. The Court agreed with the argument that the language of R.I. General Laws § 27-7-2 and its exceptions are clear and unambiguous and, therefore, the Court must apply the “natural and generally accepted meaning” of the term bankruptcy, which does not encompass dissolution. Accordingly, the plaintiff’s claims were barred as a matter of law, and the Court granted the insurers’ motion to dismiss.
  • Obtained dismissals of more than 40 asbestos claims against an aerospace company in cases throughout the United States. As National Coordinating Counsel for the company’s products liability litigation, MG+M developed and implemented an innovative government contractor defense that has greatly reduced the client’s potential exposure.
  • Won summary judgment dismissing more than $3 million in wrongful death claims against a multi-national plastics manufacturer by establishing that the client had no duty to warn and that the decedent had not relied on any representations by the client.
  • Won a jury verdict in a multi-million-dollar trial against a 54-year-old plaintiff with pleural mesothelioma. By devoting the appropriate resources to pretrial investigation, MG+M was able to identify a significant weakness inherent in the plaintiff’s claim and called witnesses who impugned plaintiff’s credibility concerning his alleged use of the client’s product.  After an 11-day trial, the jury returned a defense verdict in approximately three hours.
  • Won a court ruling that a state department of environmental protection’s ban on sales of the client’s septic system additive/restorative product was arbitrary and capricious, based in part on an environmental impact study commissioned as part of the case strategy.  As a result, the product was restored to the market.
  • Successfully defended a corrugated board manufacturer in a suit by a seriously injured interstate truck driver. Through intimate knowledge of federal and state trucking regulations, MG+M was able to demonstrate that the plaintiff’s injuries were barred by his own negligence. 
  • Obtained summary judgment on behalf of officers and directors of a professional sports league.  Convinced the judge to divide discovery into phases, and allow discovery concerning plaintiffs’ alleged damages to proceed first.  Following the conclusion of the first phase of discovery, convinced the court that plaintiffs could not prove an essential element of their claims, namely that they suffered monetary damages as a result of defendants’ actions.

Recognition

Recognition

  • Best Lawyers in America, Product Liability Litigation—Defendants, 2022–2023
  • AM Best Insurance Recommended Attorney
  • AV Rated Martindale Hubbell
  • Thomson Reuters, Super Lawyers Rising Star, 2007

Involvement

  • Massachusetts Bar Association, Member
  • Rhode Island Bar Association, Member
  • American Bar Association, Vice Chair
  • New Hampshire Bar Association, Member
  • ABA Toxic Tort & Environmental Litigation Committee, Former Chair
  • Editor of the MG+M Defense Litigation Insider blog
News & Insights
  • Food Safety Modernization Act: Proposed Rules Target Manufacturers and Farmers, (Co-Authored), American Bar Association Tort Trial Insurance Practice Committee Newsletter, Vol. 15, No. 3, 2013
  • Crashing into Court: Litigation Facing the In-Line Skate Industry, ASTM STP 1341, American Society of Tests & Measures, Safety in Ice Hockey: Third Volume
  • Toxic Tort Case Management, Toxic Torts 11 (Co-Authored), Massachusetts Continuing Legal Education, Inc., 1999
  • Emerging Toxic Torts: Latex Glove Litigation, 106 Products Liability Advisory 12, 1997
  • The Death of Federal Mass Tort Class Actions, 1 IADC Class Actions and Multi-Party Litigation Committee Newsletter 1, 1997
Best Lawyers in America
Martindale Hubbell AV Rating
AM Best Recommended Insurance Attorney
Super Lawyers Rising Star