Malcolm S. Brisker

Mr. Brisker is a partner with the firm. He concentrates his practice in all areas of civil defense litigation including product liability, construction and insurance defense. Mr. Brisker defends companies in toxic tort litigation involving, among other things, alleged asbestos, mold, and lead paint exposure.  Mr. Brisker has also defended companies in pharmaceutical product liability matters. He has tried product liability and personal injury cases throughout Maryland and the District of Columbia, both jury and non-jury.  Mr. Brisker serves on an ad hoc judicial committee for asbestos litigation for the Circuit Court for Baltimore City. He also serves as the inactive docket liaison for all defense counsel for asbestos litigation in Baltimore City.

Mr. Brisker also handles construction matters for product manufacturers, general contractors and subcontractors involving claims for property damage and personal injuries in both Maryland state and federal courts. 

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Professional Experience

  • Partner – Goodell DeVries (2009 - Present)
  • Associate – Goodell DeVries (2002 - 2008)
  • Associate – Church Loker & Silver P.A. (2000 - 2002)
  • Judicial Law Clerk – The Honorable Joseph H. H. Kaplan, Chief Judge of the Circuit Court for Baltimore City (1999 - 2000)
  • The Defense Research Institute
  • American Bar Association 
  • Maryland Defense Counsel, Inc.
  • Maryland State Bar Association
  • Bar Association of Baltimore City

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Representative Matters

Reported Opinions:

  • Scapa Dryer Fabrics, Inc. v. Saville, 16 A.3d 159 (Md. 2011)
  • Stanley Martin Companies, Inc. v. Universal Forest Products Shoffner LLC, 396 F. Supp 2nd 606 (D.Md. 2005)

Representative Matters:

In 2017, Mr. Brisker was trial counsel in a living mesothelioma asbestos trial in the Circuit Court of Maryland for Baltimore City. Mr. Brisker represented an interior finish contractor defendant in this multiweek trial. Mr. Brisker and his team were able to obtain a favorable resolution for his client before verdict.

In 2017, Mr. Brisker obtained summary judgment for a manufacturing defendant in a living mesothelioma asbestos case in the Circuit Court of Maryland for Baltimore City. Mr. Brisker’s client was a manufacturer of a product allegedly containing asbestos. Mr. Brisker argued that the plaintiffs had failed to prove that the plaintiff was exposed to defendant’s product and was not a substantial contributing factor in causing Plaintiff’s alleged development of mesothelioma, as required under Maryland law. The Court agreed, issuing a four-page unpublished written opinion.

In 2015 Mr. Brisker was lead trial counsel in a living mesothelioma asbestos trial in the Circuit Court of Maryland for Baltimore City. Mr. Brisker represented an insulation contractor defendant in this multiweek trial. Mr. Brisker was able to obtain a favorable resolution for his client before verdict.

In 2008, Mr. Brisker was local counsel in a three-week asbestos trial tried to verdict in the Circuit Court of Maryland for Baltimore City. Also in 2008, Mr. Brisker obtained summary judgment for clients in Maryland and the District of Columbia, including judgment in favor of a third-party defendant in an asbestos mesothelioma case before the Honorable Judith Bartnoff in the Superior Court for the District of Columbia. The third-party defendant was a manufacturer of a product allegedly containing asbestos. The Motion for Summary Judgment argued that the plaintiff had failed to prove that the third-party defendant’s product was a substantial contributing factor as required under District of Columbia law. The Court agreed, issuing a five-page unpublished opinion. 

In 2005, Mr. Brisker handled a two-week arbitration before the Honorable Richard A. Levie. The case was originally brought in the Superior Court for the District of Columbia, but the parties agreed to binding arbitration with a high/low agreement. The plaintiff, who had been diagnosed with asbestosis and lung cancer, alleged that he had contracted his disease as a result of exposure to asbestos-containing materials sold, distributed and/or manufactured by several defendants.

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Publications

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Honors and Awards

  • Best Lawyers in America 2019 edition - Mass Tort Litigation/Class Actions - Defendants, Product LIability Litigation - Defendants
  • Court of Appeals of Maryland, Accomodations Review Committee, State Board of Law Examiners (2008 - present)

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