Brian P. Gainer

Brian P. Gainer concentrates his practice in the areas of Municipal/Governmental Tort Liability, Premises Liability, Product Liability, Trucking/Transportation Law, Construction Law, and Toxic Torts.

Mr. Gainer has tried numerous cases throughout his career as an attorney, and has obtained multiple favorable jury verdicts for his clients. Mr. Gainer has successfully defended municipalities, police officers, doctors, and nurses in federal civil rights litigation, and has obtained dismissals and summary judgment rulings in both state and federal court. Mr. Gainer has also successfully defended trucking companies, product manufacturers, and premises owners in various types of suits.

Prior to becoming an attorney, Mr. Gainer was a member of the Chicago Police Department, and received the Chicago City Council Lifesaving Award.

Mr. Gainer is admitted to practice in the State of Illinois, the United States District Court for the Northern District of Illinois, the United States District Court for the Central District of Illinois, the Seventh Circuit Court of Appeals, and the Northern District of Illinois Trial Bar. He is also a member of the Defense Research Institute, and the Illinois Association of Defense Trial Counsel.

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Dismissals & Summary Judgment Rulings :

McGee v. Monahan, 2008 U.S. Dist. Lexis 62291 (N.D. Ill. Aug. 14, 2008), summary judgment in favor of the defendants.
Moore v. Monahan, 2008 U.S. Dist. Lexis 1915 (N.D. Ill. Jan. 10. 2008), motion to dismiss by defendants granted.
Cain v. Budz, 494 F.Supp.2d 900 (N.D. Ill. 2007), summary judgment in favor of the defendants.

Publications:

Immunity from Liability for Police Officers in Vehicle Pursuit, Journal of: Illinois Institute for Local Government Law, April 2010, Vol. 8, No. 4.
Reasonable Under the Circumstances - The Key Test in Police Officer Liability Cases, Municipal Law Alert, Winter 2010.
Immunity from Liability for Police Officers in Vehicle Pursuit, Johnson & Bell, Ltd. Municipal Law Alert, Winter 2008.
Seventh Circuit Court of Appeals Weighs in on the Gerstein Rule, Johnson & Bell, Ltd. Municipal Law Alert, Fall 2006.
When Eyewitness Allegations Provide Probable Cause to Arrest, Johnson & Bell, Ltd. Municipal Law Alert, Spring 2006.
Justifying Extraordinary Circumstances for Prolonged Detention of Arrestees, Johnson & Bell, Ltd. Municipal Law Alert, Winter 2006.