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Brian P. Fagan

Brian P. Fagan is a Member of Keevican Weiss Bauerle & Hirsch LLC. His practice is concentrated in commercial litigation. He has represented a broad range of corporate clients and individuals in health care, construction, municipal and finance matters.

During his career, he has represented the firm's clients in numerous disputes, including:

• Obtained summary judgment in a financing transaction dispute relieving the client from a potential claim exceeding $1 million.

• Successfully argued and prevailed on an appeal to the Delaware Supreme Court on a commercial contract dispute affirming a $1.3 million judgment.

• Secured successful resolution of a partnership dispute by aggressively pursuing novel diversion of partnership opportunity theory, affirming client’s ownership interest in large scale wind farm development.

• Defense of a multi-million dollar securities fraud action, positioning matter for advantageous settlement.

• Defended a healthcare provider franchisor in a multi-million dollar franchise valuation dispute and re-positioned case as claims against franchisee, resulting in monetary judgment for the client.

• Successfully prosecuted seven-figure adversary claim on behalf of unsecured creditors committee in commercial bankruptcy action through multi-tiered appeal to United States Circuit Court of Appeals for the Third Circuit.

• Prosecution of a multi-million dollar provider fraud claims.

• Defense of ERISA, fraud and statutory bad-faith insurance claims.

• Defense of a Medicare provider-reimbursement action, involving complex, novel issues of federal and state statutory construction.

• Defense of federal and state actions by healthcare providers and suppliers for various statutory and common-law claims.

• Participated in obtaining a jury verdict in a 1983 civil rights land-use dispute, ultimately resulting in a substantial award to the client, a real estate developer, as well as the recovery of attorneys' fees and costs.

• Obtained a defense verdict in a mechanics' lien claim that prevented a potentially disastrous financial setback for the client, an industrial component manufacturer.