Brad Levien has been practicing in the litigation field since 1995 and joined the firm in 2003. He sees clients as “partners” in litigation, and establishes communication early in the case to address all concerns and goals.
He has handled all types of tort defense matters at all phases for both insurance companies and self-insureds. Over the past ten years, he has developed a subspecialty in the defense of retail, restaurant and hospitality clients. He has represented these national companies in the areas of general liability, commercial and landlord-tenant litigation, and also in the regulatory areas. He has been particularly successful in the prosecution and defense of cases involving indemnification agreements, additional insured clauses and coverage disputes.
Brad has tried a myriad of cases throughout New York State, from Suffolk County on eastern Long Island through Niagara County in the far northwest of the state, and everywhere in between. He has also handled cases in the Appellate Division, all four (4) New York federal courts and the Second Circuit Court of Appeals. He has been asked by many clients to appear pro hac vice on cases handled by other firms in other states throughout the country. His experience in product and premises liability and his aggressive pursuit of the clients’ goals has not gone unnoticed. He has regularly been requested on high exposure and high profile cases and has delivered strong results.
Some of Brad’s successful verdicts and other dispositions include:
- A defense verdict in Suffolk County, Long Island for a large retailer on a trip and fall in a parking lot. While the parking lot was in far from pristine condition, Brad demonstrated that the condition of the parking lot was not the proximate cause of the plaintiff’s fall.
- A defense verdict on a slip and fall in a store in South Florida. Brad demonstrated that our client did not have notice of any defective condition on the floor; and also pointed out that plaintiff’s inappropriate footwear may have been the real cause of the incident.
- Defeat of plaintiff’s Labor Law motions for summary judgment in both the trial court and appellate division on behalf of a large general contractor. Brad demonstrated that the plaintiff’s own transgressions were a potential cause of his fall from a height.
- A defense verdict for a real estate company in a negligent hiring case resulting in an assault and battery. Brad was able to defeat the claim on damages ground by proving that plaintiff’s alleged injuries did not result from the incident.
- An Appellate Division ruling in favor of a national pharmacy chain. granting full indemnity from a co-defendant including reimbursement of all of the client’s defense costs.
Brad is also a frequent presenter at industry events and seminars. Some of his past lecture topics include:
- Prosecution and defense of contractual and common law indemnity claims between landlords and tenants, contractors and subcontractors, and other entities.
- The privilege versus the discoverability of claim file materials and other investigation.
- Proper and aggressive investigation methods and techniques for insurance companies and self-insureds.
- Defense of New York liquor liability, dram shop and negligent security claims against bars and restaurants.
- The New York Personal Injury Protection/No Fault statutes and regulations pertaining to motor vehicle cases.
- New York’s “serious injury” threshold pertaining to motor vehicle accidents and the “grave injury” threshold pertaining to third party actions against injured workers’ employers.
Currently residing on Long Island, in Bellmore, Mr. Levien is married with two daughters. He enjoys golf, tennis, the National Football League (and, sadly, the New York Jets).