Menu
  • Brian P. Perryman
  • 202.295.6525
  • Share this page
Brian P. Perryman

Brian P. Perryman

Shareholder

Overview

Brian Perryman focuses on the defense of consumer class actions, non-class representative actions, including so-called “public entity” lawsuits, and other forms of complex litigation. Brian has extensive experience removing class actions under the Class Action Fairness Act, litigating certification and decertification motions, filing and opposing Rule 23(f) petitions, settling class actions, and dealing with settlement objectors. He also regularly serves as appellate counsel for parties and amici curiae alike.

During his career, Brian has handled cases for members of the insurance and consumer financial services industries involving the Racketeer Influenced and Corrupt Organizations Act, Employee Retirement Income Security Act, Truth in Lending Act, Fair Housing Act, False Claims Act, Telephone Consumer Protection Act, and numerous state consumer protection laws, including California's Unfair Competition Law (Section 17200) and False Advertising Law (Section 17500).

Brian has been involved in an array of complex commercial disputes in courts and arbitrations throughout the country, including litigating several cases in the Delaware Court of Chancery. For example, he represented mortgage banking clients in prosecuting multimillion dollar mortgage fraud civil actions in New York, Florida, California, Maryland and Illinois federal district courts. Brian has represented parties in the state and federal courts sitting in a majority of the United States.

He also has significant experience handling state and federal regulatory matters, including the defense of administrative adjudicative proceedings, responses to investigations and subpoenas by state banking and insurance regulators and attorneys general, multistate market conduct examinations, and challenges to agency rulemakings under the Administrative Procedures Act. Brian represented a Fortune 500 company in responding to and moving to set aside a civil investigative demand issued by the Consumer Financial Protection Bureau.

Featured Insights

Experience

  • Stevens v. Camping World Holdings, Inc., No. CV 17-416 (E.D.N.C. 2017) (following motion to dismiss, plaintiff voluntarily dismissed putative class action alleging that obligor had a policy of providing incomplete refunds following the cancellation of vehicle service agreements).
  • Navin v. Wells Fargo, N.A., 199 F. Supp. 3d 646 (D. Conn. 2016) (D. Conn. Aug. 8, 2016) (granting motion to dismiss insurer defendants in putative class action challenging certain practices to lender-placed insurance).
  • Lyons v. Litton Loan Servicing LP, 158 F. Supp. 3d 211 (S.D.N.Y. 2016) (applying filed rate doctrine to grant motion to dismiss insurer defendants in putative class action).
  • Lee v. Ocwen Loan Servicing, LLC, 101 F. Supp. 3d 1293 (S.D. Fla. 2015) (denying class action settlement objector’s demand for discovery concerning settlement payment structure).
  • Montoya v. PNC Bank, N.A., No. CV 14-20474, 2016 WL 1529902 (S.D. Fla. Apr. 13, 2015) (approving nationwide class action settlement over settlement class member objections).
  • Braynen v. Nationstar Mortgage, LLC, No. CV 14-20726, 2014 WL 6090665 (S.D. Fla. Nov. 10, 2014) (overruling objections to preliminary approval of class action settlement).
  • Casey v. Citibank, N.A., No. CV 12-820, 2014 WL 4120599 (N.D.N.Y. Aug. 21, 2014) (denying class action settlement objector’s demand for discovery concerning settlement payment structure).
  • Lauren v. PNC Bank, N.A., 296 F.R.D. 389 (W.D. Pa. 2014) (granting motion to dismiss nationwide class allegations against hazard insurer in putative class action challenging certain practices related to lender-placed insurance).
  • Miller v. Wells Fargo Bank, N.A., 994 F. Supp. 2d 542 (S.D.N.Y. 2014) (granting motion to dismiss insurer defendants in putative class action challenging certain practices to lender-placed insurance).
  • Minniti v. Eilers, 302 F.R.D. 656 (S.D. Fla. 2014) (denying motion to certify class action under the Telephone Consumer Protection Act).
  • Saccoccio v. JP Morgan Chase Bank, N.A., 297 F.R.D. 683 (S.D. Fla. 2014) (approving nationwide class action settlement over objections of counsel in parallel class actions).
  • Cannon v. Wells Fargo Bank N.A., 917 F. Supp. 2d 1025 (N.D. Cal. 2013) (granting motion to dismiss flood insurers' parent in putative class action challenging certain practices related to lender-placed insurance).
  • Weller v. HSBC Mortgage Services, Inc., 971 F. Supp. 2d 1072 (D. Colo. 2013) (compelling named plaintiff to arbitrate claims asserted in putative class action involving lender-placed insurance).
  • Fleisher v. Phoenix Life Insurance Co., 858 F. Supp. 2d 290 (S.D.N.Y. 2012) (granting motion to dismiss claims for violations of New York's General Business Law § 349, for breach of the implied covenant of good faith and fair dealing, and for declaratory relief in lawsuit alleging wrongful cost of insurance rate increase).
  • U.S. Bank National Association v. PHL Variable Insurance Co., 288 F.R.D. 282 (S.D.N.Y. 2012) (holding that circumstances surrounding policyholder’s acquisition of universal life insurance policies were discoverable).
  • American Security Insurance Co. v. Cricket Communications, Civ. A. No. 7410 (Del. Ch. Apr. 30, 2012) (ordering preservation of the parties' status quo business relationship pending outcome of arbitral proceedings).
  • U.S. Bank National Association v. PHL Variable Insurance Co., No. CV 11-9517, 2012 WL 1525012 (C.D. Cal. Apr. 26, 2012) (granting motion to dismiss claims for violations of California's Unfair Competition Law and False Advertising Law, and for tortious breach of the implied covenant of good faith and fair dealing in lawsuit alleging wrongful cost of insurance rate increase).
  • Koberg v. John Alden Life Insurance Co., No. CV 11-21, 2011 WL 6122309 (D. Mont. Dec. 8, 2011) (granting motion to dismiss putative ERISA class challenging insurer's method of reimbursing its health insurance policyholders).
  • Ponder v. SunTrust Banks, Inc., No. SU11CV0054 (Ga. Super. Ct.) (following motion to dismiss, plaintiff voluntarily dismissed putative class action alleging that credit insurance issuer fraudulently induced purchase of credit life, credit disability, and involuntary unemployment coverages).
  • Cramer v. John Alden Life Insurance Co., 763 F. Supp. 2d 1196 (D. Mont. 2011) (granting motion to dismiss putative ERISA class action alleging improper assertion of subrogation rights).
  • Clark v. Superior Court, 50 Cal. 4th 605 (2010) (amicus curiae brief for American Council of Life Insurers supporting prevailing view that Unfair Competition Law restitution may not be trebled).
  • In re American Investors Life Insurance Co. Annuity Marketing & Sales Practices Litigation, 715 F. Supp. 2d 610 (E.D.Pa. 2010) (enjoining settlement class member from pursuing relitigation of claims in state court).
  • Mooney v. Allianz Life Insurance Co. of North America, No. CV 06-545, 2010 WL 419962 (D. Minn. Jan. 29, 2010) (denying plaintiffs' motion for permanent class-wide injunctive relief under Minnesota Prevention of Consumer Fraud Act and granting motion for amended judgment in defendant's favor).
  • Burdick v. Union Security Insurance Co., No. CV 07-4028, 2009 WL 4798873 (C.D. Cal. Dec. 9, 2009) (decertifying class claims under California's Unfair Competition and False Advertising Laws).
  • Nichols v. John Hancock Life Insurance Co., No. CV 09-840, 2009 WL 3019785 (N.D. Ala. Sep. 22, 2009) (dismissing putative class action involving alleged breach of an annuity contract).
  • Davis v. John Hancock Variable Life Insurance Co., 295 F. App'x 245 (9th Cir. 2008) (affirming dismissal of putative class action alleging fraud and misrepresentation in the sale of variable whole life insurance policies).
  • Nehemiah Corp. of America v. Jackson, 546 F. Supp. 2d 830 (E.D. Cal. 2008) (invalidating final rule promulgated by U.S. Department of Housing and Urban Development barring seller-funded down payment assistance in connection with mortgages insured by the Federal Housing Administration).
  • Public Service Co. of Colorado v. Mallon, No. CV 07-762, slip op. (Colo. Dist. Ct. Oct. 22, 2008) (dismissing count asserted under the Colorado Organized Crime Control Act).
  • Harris v. Adejumo, 36 A.D.3d 855, 830 N.Y.S.2d 329 (2d Dep't 2007) (no legal duty of care owed by mortgage lender to prospective borrower).
  • Percival v. American Home Mortgage Corp., 469 F. Supp. 2d 409 (N.D. Tex. 2007) (dismissing Truth in Lending Act claim as time-barred).
  • Bird v. Delacruz, No. CV 04-661, 2005 WL 1625303 (S.D. Ohio July 6, 2005) (dismissing defendant from multi-count, multi-defendant lawsuit).

Professional & Community Involvement

  • Member, American Bar Association
  • Assistant Den Leader, Boy Scouts of America

Speaking Engagements

  • “Litigation and Enforcement under the DOL Fiduciary Rule and the BIC Exemption,” Insured Retirement Institute (IRI) Government, Legal & Regulatory Conference, Washington (June 6, 2016)
  • "The Telephone Consumer Protection Act: Basics, Targeted Industries, and Trends," Carlton Fields Webinar (February 2015)
  • "The Telephone Consumer Protection Act: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies," Carlton Fields Webinar (February 2015)
  • "Class Actions: Disclosure of Interest Rates, Fees, and the Liabilities Related to the Maintenance of Life and Annuity Products," American Conference Institute's National Advanced Forum on Litigating Life Insurance and Annuity Claims (July 30-31, 2012)

Credentials

Education
  • George Mason University School of Law (J.D., cum laude, 2003)
  • American University (B.A., cum laude, 1999)
Bar Admissions
  • District of Columbia
  • Virginia
Court Admissions
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Columbia
  • U.S. District Court, District of Maryland
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Western District of New York
  • U.S. District Court, Eastern District of Virginia
  • U.S. District Court, Western District of Virginia

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.