Brian M. Ercole

Brian works with clients throughout the life of a dispute, including petitions before the Judicial Panel on Multidistrict Litigation, class settlement approval hearings, and appeals.

Before joining Morgan Lewis, Brian clerked for Judge Legrome D. Davis of the US District Court for the Eastern District of Pennsylvania and Judge Jerome A. Holmes of the US Court of Appeals for the Tenth Circuit.

• Defeated class certification on behalf of a U.S. healthcare insurer in high-value putative class action involving breach of contract claims
• Represented a multinational pharmaceutical company in the dismissal of a putative U.S.-wide class action involving statutory consumer fraud and RICO claims based upon allegations of deceptive and fraudulent marketing
• Represented a U.S. bank in dismissal of putative class action involving mortgage-related claims brought by borrowers
• Represented multinational food company in putative U.S.-wide class action involving allegations of false and misleading labeling 
• Coordinated the defense for a U.S. bank in putative U.S.-wide class actions involving lender-placed insurance that were pending in federal courts throughout the United States
• Represented a U.S. bank in obtaining final approval of a favorable U.S.-wide class settlement involving breach of contract and statutory consumer fraud claims
• Represented a medical device manufacturer on appeal in obtaining the reversal of the largest compensatory damages verdict in Pennsylvania state court in 2010
• Represented companies in defeating multidistrict litigation petitions before the Judicial Panel on Multidistrict Litigation
• Defending a U.S. bank in False Claims Act litigation and putative class actions involving mortgage securitization claims in federal courts throughout the United States
• Defending a multinational pharmaceutical company in multiple putative U.S.-wide class actions involving consumer fraud and RICO claims in Eastern District of Pennsylvania
• Coordinating the defense of a company involved in the mortgage industry against putative class actions throughout the United States