Brian J. McAllister

Brian McAllister offers more than fifteen years of experience in state and federal court actions across the country, including multidistrict automotive and medical device products liability litigation; complex medical malpractice, wrongful death, and automobile negligence cases; and False Claims Act litigation.

As a member of the firm’s Electronically Stored Information & Technology Practice Group, Brian assists clients and co-counsel in achieving structured, cost-effective, and trial focused e-Discovery solutions. He provides strategic experience in ESI collection, preservation, and protocols; document review strategy and management; technology and technology assisted review (TAR); discovery dispute resolution; pre- and post-trial briefing; and trial support.

Brian also offers significant claims administration experience. He not only served as a primary point of contact for claimants in the Volkswagen Diesel Emissions Multidistrict Litigation, but he more recently coordinated claims administration in Krakauer v. Dish Network, L.L.C., a class action in which Bailey & Glasser secured a $61 million judgment for violations of the Telephone Consumer Protection Act.

From 2018 to 2025, Brian represented Morgantown, West Virginia, as a Commissioner for the Fairmont-Morgantown Housing Authority. As a member of the Rape & Domestic Violence Information Center’s Board of Directors, Brian collaborated with the Morgantown Police Department and West Virginia University to fund, design, and create West Virginia’s first soft interview room for survivors of traumatic crime. And Brian’s work for a local family in a warranty of habitability case earned Bailey Glasser the 2024 Distinguished Pro Bono Law Firm Award.

Awards & Accolades

Best Lawyers in America, Product Liability Litigation - Plaintiffs, Mass Tort Litigation / Class Actions - Plaintiffs (Westover, West Virginia, 2024-2026)

Recipient, Legal Aid of West Virginia Distinguished Pro Bono Award (2025)

Super Lawyers Rising Star, Personal Injury Medical Malpractice: Plaintiff; Class Action/Mass Torts (2017 - 2019)

Nominee, West Virginia Young Lawyer of the Year (2012)

Clerkships

• Law Clerk, Hon. Phillip D. Gaujot, Circuit Court of Monongalia County, West Virginia (2010 - 2012)

Government Service / Previous Employment

• Summer Clerk, Hon. Irene M. Keeley, US District Court for the Northern District of West Virginia (2007)

Representative Matters

• Provides e-Discovery coordination and support to MDL leadership committees in multiple medical device product liability cases involving manufactured hernia mesh products, including the plaintiffs’ executive committee in Atrium Medical Corp. C-Qur Mesh Products Liability Litigation (MDL No. 2753)
• Participated as a member of Bailey Glasser’s plaintiff steering committee team on the Volkswagen Diesel Emissions MDL in the Northern District of California, the largest automotive class action in history, with settlements predicted to exceed $10 billion
• Coordinates Bailey Glasser’s e-Discovery team and serves as Bailey Glasser’s liaison to outside Relator’s counsel and the U.S. Department of Justice in a False Claims Act whistleblower case
• Contributed insurance coverage review, briefing, and trial support to a consortium of law firms representing a number of Governors, State Attorneys General, and Underground Storage Tank Funds in litigation against major oil companies to recoup improper overpayments obtained by the oil companies; through these efforts, various states recouped more than $100 million
• Secured a policy limits settlement against the driver of an automobile that struck a bicyclist and resolved all outstanding Medicare and private insurance liens for the client

News & Insights

Selected Publications

• “Revisiting Proportionality Under Rule 26(b)(1),” Bloomberg Law, November 17, 2021
• "Morgantown Police Mark One-Year Anniversary of Soft Interview Room by Sharing Their Story," City of Morgantown (WV), April 23, 2018
• "Judy King Soft Interview Room," The Dominion Post, April 5, 2017

Community and Professional Activities

Commissioner, Fairmont-Morgantown Housing Authority

Chairperson, Scholarship Committee, Monongalia County Bar Association

Chairperson, Facilities Committee, Rape and Domestic Violence Information Center Board of Directors

Vice President, Monongalia County Teen Court, Board of Directors

Volunteer Judge, Monongalia County Teen Court