About Us

biography

For more than 20 years, Brian Herrington has successfully represented consumers, small-business plaintiffs, and attorneys-general in complex and class action litigation. He has also represented small businesses as outside general counsel and lenders in regulatory compliance matters. As a leader in class action litigation, Brian has won verdicts and large settlements in class action litigation ranging from antitrust and market manipulation cases to unfair and deceptive acts and practices matters. Brian’s practice also focuses on lemon law litigation and banking compliance.

The driving force behind Brian’s ability to consistently achieve successful results is his dedication to always making outstanding service to his clients the focus of his practice, even when it comes at the cost of firm profits. While achieving substantial financial rewards for his clients in class actions and other litigation is a mainstay of Brian’s practice, he is also committed to helping clients achieve justice even when their cases are less lucrative to the firm. For example, Brian has helped saved the homes of numerous elderly clients from foreclosure, where the clients had been taken advantage of by unscrupulous mortgage brokers and lenders. Regardless of a client’s circumstances, Brian is fully committed to delivering aggressive, competent, and compassionate legal service to all of Herrington Law’s clients.

selected case experience

Lanovaz v. Twinings North America, No. 5:12-cv-02646 (April 24, 2014 N.D. Cal.): Brian Herrington was appointed to serve as class counsel for a certified class involving mislabeled tea products.

TCI Cable Late Fee Litigation: Brian Herrington served on the steering committee responsible for litigating state court class actions in Alabama, Tennessee, Kentucky, Indiana, and California. The classes consisted of consumers who had been charged unlawful late fees. All of the cases were settled favorably on a classwide basis.

Hill, on behalf of himself and all others similarly situated, v. Galaxy Telecom, L.P. and Galaxy Telecom, L.P. d/b/a/ Galaxy Cablevision, No. CIV. 1:98CV51–D–D. (N.D. Miss.): In Hill, Brian Herrington served as lead counsel and was successful in obtaining certification of a 15-state class of consumers who had been charged unlawful late fees. After a bench trial, the judge found that the fees were reasonable and entered judgment for the defendant.

State Attorney General Lawsuits Against The Tobacco Industry: Brian Herrington was one of the attorneys who represented the State of Mississippi, through Attorney General Mike Moore, in the state’s successful efforts to recover its cigarette-related health care monies spent over the past years. He also represented the Attorneys General of New York, Louisiana, Arizona, Washington, Indiana, Alaska, Idaho, Oregon, Rhode Island, Ohio, Vermont, Illinois, and the Commonwealth of Puerto Rico in their successful litigation against the tobacco industry.

In Re: United Parcel Service, Inc., Shipper Excess Value Insurance Coverage Litigation: Judge Berman of the Southern District of New York appointed Brian Herrington as one of five Settlement Class Counsel. This case, involving unlawfully charged premiums for excess value insurance coverage, was settled favorably on a classwide basis.

In re PPA Litigation: This litigation involved a defective over-the-counter medicine. Brian Herrington litigated, and was prepared to try, the first post-FDA recall case in the country. The case settled favorably two weeks before trial.

State of Oklahoma, ex rel., W.A. Drew Edmondson, Attorney General General of Oklahoma v. BP America, Inc., et al., No. CJ-09-1564 (Cleveland Cty., Dist. Ct., Okla.) and State of Oklahoma, ex rel., W.A. Drew Edmondson, Attorney General of Oklahoma v. BP, America, Inc., et al., No. CJ-09-1385 (Cleveland Cty. Dist. Ct., Okla.): In these companion cases, Brian Herrington was hired by the Attorney General for the state of Oklahoma to pursue civil penalties against the defendants for market manipulation of gas and propane. The cases were successfully resolved.

Brian Herrington has occupied significant litigation roles in numerous other class actions and MDL litigations.

BACKGROUND

• Juris Doctor in 1995 from the University of Mississippi Law Center
• Mississippi College, 1991

associations

• Mississippi Association of Justice
• MS State Chair for the National Association of Consumer Advocates
• Public Justice
• 5th Circuit Court of Appeals
• 9th Circuit Court of Appeals
• 10th Circuit Court of Appeals

public speaking engagements

• The 1999 Litigating The Class Action Case Convention: spoke on litigating class action cases.
• The 1999 MAJ Insurance Seminar: spoke on Avery v. State Farm Insurance Company.
• The 2000 Arkansas Trial Lawyers Convention: spoke on tire tread defect cases.
• The 2005 American Inns of Court Luncheon: spoke on current developments in mandatory binding arbitration agreements.
• The 2006 Medical Malpractice Seminar: Spoke on arbitration in medical malpractice litigation.
• The 2008 Ohio Trial Lawyers Convention: spoke on the state of mass torts.
• The 2013 American Inns of Courts: spoke about arbitration issues.
• The 2016 America Bar Association CLE: presented on food misbranding law.
• The 2016 National Associaton of Consumer Advocates Webinar: presented on integrating food law into your practice.

Throughout his career, Brian Herrington has spoken at numerous CLEs and to many legal organizations in Mississippi about class actions and arbitration.

publications

• NBI Seminar, Litigating the Class Action Case, 1999
• MAJ Insurance Seminar, Avery v. State Farm Insurance: Litigation Overview, 1999
• MAJ Seminar On Medical Malpractice, Arbitration in Medical Malpractice Cases, 2006
• ABA Class Action Survey, Class Actions in Mississippi, 2007

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