Brian C. Kimball
Member
Brian joined the Brunini firm in 2002. He has experience litigating complex commercial and mass tort cases in Mississippi state and federal courts, including class actions. Brian frequently engages in state and federal appellate practice. He also has experience litigating disputes in certain specialized areas of the law such as ERISA and the Telecommunications Act of 1996. Before attending law school, Brian practiced for six years as a certified public accountant with the Memphis, Tennessee office of an international accounting firm.
Brian received his J.D., Magna Cum Laude, from the University of Mississippi where he served as a member of the Mississippi Law Journal. While in law school, Brian received an Outstanding Comment Award as well as Outstanding Student Awards in Personal Income Taxation, Corporations, Evidence, Appellate Advocacy, and Legal Research and Writing.
Representative Matters
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Obtained a ruling from the Fifth Circuit Court of Appeals, along with Matt Allen and Johnny Wade, affirming the district court’s dismissal of a professional negligence claim against Beverly Enterprises-Mississippi, Inc.
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Obtained a judgment on the pleadings in a suit filed against a major lending institution along with Chris Shapley and Trey Jone. In this case, which is styled Duhon v. Trustmark National Bank, et al, the Plaintiff alleged that his property had been destroyed by Hurricane Katrina and that he had suffered damages as a result of an erroneous flood zone determination and the failure to obtain flood insurance in connection with the mortgage closing. In a case of first impression for Mississippi state courts, the Brunini attorneys successfully obtained a ruling that lenders are immune from such suits, and all claims were dismissed.
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Obtained a ruling from the Fifth Circuit Court of Appeals, along with Chris Shapley and Trey Jone, affirming the district court’s dismissal of ERISA claims filed in a putative class action against a major lending institution . The Court ruled that the plaintiffs had no right to a remand of the case to the ERISA plan administrator to consider new claims that were not presented to the plan administrator in the first instance. The Court also ruled that the district court had properly dismissed the ERISA claims that were based on alleged violations of U.S. Treasury regulations. Finally, the Court affirmed the dismissal of the claims of putative class members who did not exhaust administrative remedies.
Speeches & Publications
- "The Federal Faith-Based and Community Initiative: A Guide for Future Legislation", 71 Miss. L.J. 241 (Fall 2001)
- "Constitutional Law - Establishment Clause - A Policy Allowing Potential Religious Expression at Government-Sponsored Events Violates the Establishment Clause if the Government Entity Created the Policy with the Purpose to Promote Religious Beliefs," 70 Miss. L.J. 473 (Fall 2000)