Frank Brannen

Partner

  • location icon Atlanta, GA
    1180 Peachtree Street NE
    Atlanta, GA 30309

Frank Brannen is a partner in the Atlanta office of Lewis Brisbois and a member of the Products Liability Practice. Mr. Brannen has defended manufacturers in complex product liability lawsuits for over two decades. Mr. Brannen has served as lead trial counsel in numerous trials and developed an expertise in product design, working with expert witnesses. In addition, he has specialized in obtaining the exclusion of opposing expert witnesses including the successful defense of these exclusions on appeal.

Mr. Brannen has served as lead counsel for automotive manufacturers in asbestos lawsuits pending in Georgia and has consulted with a foreign manufacturer regarding the regulatory requirements for the sale of vehicles in the United States. He has additional experience in litigation matters involving fraud, defamation, breach of warranty, and FELA claims.

Mr. Brannen has authored articles and lectured at seminars in areas related to his practice, including an annual survey of Georgia product liability law, federal regulatory issues, Daubert, wrongful death, evidence, and warranty law.

Offices Held

  • Chair of the Annual State Bar of Georgia Product Liability Seminar
  • Chair - Product Liability Committee (GDLA)

Representative Cases

Trials

  • Lead counsel in the first Georgia state court trial in which a directed verdict was granted to a defendant because the testimony of plaintiff’s expert witness was excluded under the Daubert evidentiary standard. (This case was featured in DRI’s publication, The Voice.)
  • Defending an automotive manufacturer in the first reported jury trial involving a claim of personal injury from alleged exposure to “toxic” mold in an automobile.
  • Lead counsel in likely the second jury trial involving a claim of personal injury from alleged exposure to “toxic” mold in an automobile.
  • Lead counsel in a jury trial defending a financial services corporation against claims of defamation, fraud, and alleged punitive conduct.
  • Lead counsel in numerous jury trials in which plaintiffs sought damages from automotive manufacturers for breach of warranty and violation of federal law.
  • Lead counsel in a jury trial defending a recreational vehicle manufacturer against claims of fraud and alleged punitive conduct.

 

Appeals

  • Successfully defending the first-ever application of the Daubert standard by the Georgia Court of Appeals.
  • Successfully defending an appeal before the Eleventh Circuit Court of Appeals to uphold the exclusion of all of plaintiff’s expert witnesses under Daubert.
  • Successfully defending an appeal before the Fourth Circuit Court of Appeals to uphold summary judgment in an air bag non-deployment case.
  • Successfully defending an appeal before the Georgia Court of Appeals to uphold summary judgment in a case alleging design and manufacturing defects in the braking system of a pickup truck.
  • Successfully appealing an adverse verdict before the Georgia Court of Appeals after being denied the right to open and conclude closing argument by the trial court.
  • Successfully defending appeals in two different cases before the Georgia Court of Appeals to uphold the trial court’s denial of an award of attorney’s fees.

 

Motions

  • Obtaining exclusion of plaintiffs’ expert witnesses under Daubert in five different federal court cases in Oklahoma, Illinois, Alabama, and Georgia, four involving the design of air bag systems (twice after a hearing with testimony from the expert witnesses) and the other a pharmaceutical case (after a hearing with testimony).
  • Successfully defending claims of privilege for internal corporate documents of an automotive manufacturer through the creation of privilege logs and oral argument in support of the privilege claims.

 

Discovery

  • Coordinating and supervising the review of a 1,000,000+ page collection of restraint system documents to identify privileged documents.
  • Developing a reading room of documents for an automotive manufacturer including the categorization of documents and the creation of a privilege log with supporting affidavits.
  • Consulting with an automotive manufacturer to create and maintain standard collections of documents, including corporate meeting minutes and Federal Motor Vehicle Safety Standard docket submissions, for production by that client.

Admissions

Alabama

Florida

Georgia

Mississippi

United States District Courts

Northern District of Georgia, Middle District of Georgia, Northern District of Illinois, Northern District of Mississippi, Southern District of Mississippi, Western District of Michigan, Northern District of Alabama, Middle District of Florida, Southern District of Alabama, and Middle District of Alabama

Associations

  • American Bar Association
  • State Bar of Georgia
  • Atlanta Bar Association
  • Defense Research Institute
  • Georgia Defense Lawyers Association

Education

Mercer University

Juris Doctor, cum laude, 1996

Yale University

Bachelor of Arts, 1992

  • Member of 1989 Ivy League Champion football team

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