Brian C. Kimball
Member
Brian’s practice focuses on complex commercial litigation in both state and federal courts. He also has extensive experience handling disputes before state and federal administrative bodies. Additionally, Brian has successfully represented clients with claims against federal agencies before the Civilian Board of Contract Appeals. He has litigated disputes concerning a variety of specialized areas of law including government contracts and bid protests, securities law, construction law, environmental law, telecommunications and ERISA.
Brian is also a certified public accountant. Before attending law school, he practiced for six years in the audit and business advisory division of the Memphis, Tennessee offices of Arthur Andersen LLP.
Brian received his J.D., Magna Cum Laude, from the University of Mississippi where he served as a member of the Mississippi Law Journal. In connection with his participation as a member of the Mississippi Law Journal, he received the Outstanding Comment Award. He also received American Jurisprudence Awards for best paper in five classes.
Representative Matters
- 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.
- Obtained a judgment on the pleadings in a suit filed against a major lending institution along with Chris Shapley and Trey Jones. 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.
- Obtained a ruling from the Fifth Circuit Court of Appeals, along with Chris Shapley and Trey Jones, 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)