Brian P. O’Meara

Brian O’Meara is experienced in litigation at the state and federal levels including trial and appellate work. He has tried many cases involving a wide range of disputes.  At the appellate level, Brian has briefed and argued cases throughout the country including in the Ninth, Seventh, and Sixth Circuit Courts of Appeal.  Brian’s practice focuses on complex commercial litigation and financial services litigation. He has represented clients in class actions, business tort actions, breach of contract actions, commercial landlord-tenant disputes, and various matters involving financial institutions. He has also represented clients in numerous class action and single plaintiff lawsuits alleging violations of the Biometric Information Privacy Act, the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Truth In Lending Act, the Illinois Consumer Fraud Act and other state and federal consumer protection statutes.

While Brian is most comfortable in the courtroom, he has also resolved many disputes outside of the courtroom either through direct negotiations with opposing counsel or through mediation.  

Experience

    • State of Illinois

    • State of Indiana

    • U.S Court of Appeals, Sixth Circuit

    • U.S. Court of Appeals, Seventh Circuit

    • U.S. Court of Appeals, Ninth Circuit

    • U.S. District Court, Central District of Illinois

    • U.S. District Court, Northern District of Illinois (and Trial Bar)

    • U.S. District Court, Southern District of Illinois

    • U.S. District Court, Northern District of Indiana

    • U.S. District Court, Southern District of Indiana

    • U.S. District Court, Western District of Michigan

    • U.S. District Court, Eastern District of Wisconsin

    • U.S. District Court, Western District of Wisconsin

    • Member, Illinois State Bar Association

    • Member, Chicago Bar Association

    • Mentor/Visiting Coach, Loyola University School of Law, Mock Trial and Moot Court Programs

    • Member, Chicago Inn of Court

    • Member, Federal Bar Association

    • Appointed Pro Bono Counsel in Civil Rights Case

    • National Immigrant Justice Center

    • Federal Settlement Assistance Program

    • Lawyers in the Classroom

    • Coached Boys’ Lacrosse, Loyola Academy, Wilmette, Illinois

    • 2014-Present. Partner, Forde & O’Meara LLP

    • 2009-2014. Partner, McGuireWoods LLP

    • Loyola University Chicago School of Law, Chicago, Illinois, J.D., 2001

    • Boston College, Chestnut Hill, Massachusetts, B.A., cum laude, 1997

    • Loyola Academy, Wilmette, Illinois, 1993

    • Aranda, et al. v. Caribbean Cruise Line, Inc., et al. Handled the defense of a lawsuit alleging violation of the Telephone Consumer Protection Act with potential exposure of $1.5 billion. Settled the case days before trial for a fraction of the potential exposure. Briefed and argued in the Seventh Circuit as part of the case.

    • Frost v. DMMD II, LLC, et al. After a bench trial, obtained a judgment in favor of our client on all counts. The dispute involved contract and nuisance claims in connection with a construction project in a Chicago high rise. The judge observed that the client “could not find finer lawyers” who were “well-prepared” and represented the client “vigorously.”

    • Kristensen v. Credit Payment Servs. Inc., et al. Obtained summary judgment on behalf of a leading lending institution in class action filed in the District Court of Nevada alleging violation of the Telephone Consumer Protection Act. The class appealed the judgment to the Ninth Circuit. Briefed and argued the appeal in the Ninth Circuit and obtained affirmance of the judgment in favor of the client. The potential exposure was $150 million.

    • BMO Harris Bank, N.A. v. RidgeAire, Inc. et al. Obtained a seven-figure summary judgment on behalf of Plaintiff BMO Harris against several defendants in an action filed in the Eastern District of Texas alleging various breaches of contracts. Attorneys’ fees awarded in favor of BMO as well.

    • International-Matex Tank Terminals-Illinois v. Chemical Bank. Obtained summary judgment on behalf of Plaintiff, a major storage facility, in an action filed in the Western District of Michigan involving Letters of Credit, Wrongful Dishonor, the International Chamber of Commerce’s Uniform Custom and Practice for Documentary Credits, and the Michigan Compiled Laws. The defendant appealed the judgment to the Sixth Circuit. Briefed and argued the appeal in the Sixth Circuit and obtained affirmance in favor of the client. Attorneys’ fees awarded in favor of the client as well.

    • Boeing v. Ten Oaks Management, et al.:  We represented this very successful family office in a lawsuit that Boeing filed in the Western District of North Carolina.  After protracted motion practice and discovery, Boeing settled the case.

    • City of Chicago v. DoorDash: We are co-counsel for DoorDash in this regulatory enforcement case filed by the City of Chicago, currently pending in the Northern District of Illinois.

    • Groupon, Inc. v. Uptake Technologies:  Represented the defendant in a multi-million dollar commercial lease dispute.  Briefed and argued summary judgment filed by plaintiff, which was denied.  Case settled thereafter.

    • Finkl v. Finkl – Represented client in a multi-million dispute regarding distribution of trust assets, which we resolved through mediation.