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Brian J. Augustine

Cincinnati
p +1 513.369.4216
f +1 513.421.0991
  • 250 East Fifth Street
    Suite 2200
    Cincinnati, OH 45202

Contact Information

Brian is a partner in the Litigation Department where he chairs the firm's Transportation and Logistics practice group. Brian focuses his practice on transportation law, commercial litigation, Carmack Amendment litigation and the defense of catastrophic injury claims. He advises trucking companies, third-party logistics providers, towing companies, petroleum marketers, national shippers, environmental consultants, retail establishments and restaurants in liability, business and regulatory matters. He has years of experience planning and coordinating emergency responses and conducting crisis management for industrial and transportation incidents.

He has served as lead counsel in a wide range of matters in state and federal courts including wrongful death, accident and catastrophic injuries, warranty claims, Carmack Amendment claims; professional liability; Consumer Sales Practices Act litigation; broker-shipper-carrier disputes and premises liability matters. Brian also devotes a portion of his practice to Zoning and Land Use law and litigation.

Brian’s experience crosses all facets of litigation – from emergency response to early case assessment to discovery and trial. Brian also works with clients to resolve disputes through alternative methods including mediation and arbitration.

Representative Matters

  • Successful representation of national restaurant brand in putative class action lawsuit involving claims including Consumer Sales Practices Act, Magnuson-Moss Warranty Act, express and implied warranty and fraud
  • Counsels, negotiates and litigates on behalf of motor carriers, freight brokers and shippers in all manner of Carmack Amendment claims
  • Secured summary judgments on behalf of clients in wide range of cases including breach of contract, premises liability, trucking accidents, bad faith, fraud and negligence
  • Secured a voluntary dismissal, without payment, of all claims against a national trucking company and its CDL driver in a four-vehicle trucking accident case
  • Secured a summary judgment for an international transportation company and its truck driver using a novel legal theory that an allegedly applicable Ohio Statute was unconstitutional as applied to firm clients because it violated the Commerce Clause of the U.S. Constitution.
  • Secured dismissal of all claims against a provider of security services in federal court involving allegations of tortious interference, civil conspiracy and various alleged constitutional and Kentucky statutory violations
  • Successfully defended a putative class action lawsuit on behalf of a large residential commercial complex, including dismissal of lawsuits by 165 plaintiffs with alleged claims including fraud, conversion, statutory violations and punitive damages

DOT and PUCO Regulations

  • Counsels transportation and logistics companies on regulatory compliance issues, licensure, insurance and allocation of risks and obligations by contract
  • Conducts regulatory compliance investigations for trucking companies to assess and counsel regarding compliance with Federal Motor Carrier Safety Regulations (FMCSRs) and Public Utilities Commission of Ohio (PUCO) regulations
  • Counsels software development company on FMCSR compliance issues raised by use of electronic bills of lading in connection with transportation of household goods
  • Counsels trucking companies on driver qualification requirements and issues raised by driver leasing agreements with third parties
Full bio