Biography

Mr. Brainich has over fifteen years of toxic tort, products liability and environmental experience, and defends clients in the energy, manufacturing, shipping, aircraft, and electronics industries.  He is involved in all aspects of litigation, from pleading practice, discovery, motion practice (including summary judgment), mediation, trial and appellate work.  He has deposed hundreds of plaintiffs, other lay witnesses, and expert witnesses.  He has also negotiated resolutions -- including no-pay dismissals -- of hundreds of cases.

Mr. Brainich completed a two-month secondment at the Marin County District Attorney’s office in 2007, where he tried five criminal jury trials to verdict.

Affiliations, Activities and Accomplishments

Mr. Brainich is a member of the California Bar Association and the Bar Association of San Francisco.  He is admitted to practice in California state courts, the United States District Court for the Northern District of California, and the U.S. Court of Appeals for the Ninth Circuit.  He is a graduate of Sedgwick’s Trial Academy, and has mentored the trial team at San Francisco's Lincoln High School in the Constitutional Rights Foundation’s Mock Trial Program.

Presentations & Publications

• “California Appellate Courts Impose Significant Limitations on Plaintiffs’ Claims for Medical Damages,” Sedgwick’s Toxic Tort and Environmental Law Update (Spring 2013)
• “Ninth Circuit Finds No Duty to Warn in Light of the State of the Art Regarding the Specific Risks of Taser Use,” Sedgwick’s Toxic Tort and Environmental Law Update (August 2012).
• “Northern District of California Finds Disputed Oral Statements Made Off-The-Record Do Not Trigger Removal,” Sedgwick’s Toxic Tort and Environmental Law Update (July 2012).
• "Significant Rulings From the Deepwater Horizon Court on Discovery and Evidentiary Matters” (with Ryan Harris), Sedgwick’s Toxic Tort and Environmental Law Update (April 2012).
• “US Supreme Court: State Law Claims Against Locomotive Manufacturers Are Preempted by Federal Law,” Sedgwick’s Toxic Tort and Environmental Law Update (March 2012).
• “California Court of Appeal Finds Possible Liability Under Privette Doctrine of Retained Control,” Sedgwick’s Product Liability Advisory (February 2012).
• “Prospective Purchaser Agreements:  A Way to Avoid CERCLA Liability,” The Back Forty: The Newsletter of Land Conservation Law, Hastings College of the Law (September-October 1996).
• “Insurance Coverage for Clean-Up and Response Costs Incurred Pursuant to CERCLA,” The Back Forty: The Newsletter of Land Conservation Law, Hastings College of the Law (January-February 1999).
• “Easement Holder’s Liability as an Owner or Operator Under CERCLA,” The Back Forty: The Newsletter of Land Conservation Law, Hastings College of the Law (March-April 1999).