Kocher, Bryan D.

Current Employment Position(s)

Of Counsel

Lawyer Overview

Bryan Kocher has litigated complex commercial and construction-related matters for more than 20 years. He has defended national manufacturers in complex product liability suits alleging novel market share and public nuisance theories of liability. He has served as lead or co-lead counsel in commercial contract disputes, construction defect cases, bid protests, class actions, employment matters, securities litigation, constitutional disputes, personal injury cases, and general tort litigation. Bryan also counsels clients on significant business-related issues such as product warranties, contractual liability limitations, commercial sales agreements, and immigration compliance programs. In addition, he represents owners and contractors in all phases of the construction process from front-end construction contracts through claims resolution.

Bryan was part of the Jones Day team that successfully represented The Sherwin-Williams Company during its decade-long defense in the Rhode Island public nuisance litigation against the lead pigment industry. He is currently representing a national real estate developer in multijurisdictional litigation involving design and construction defects in residential apartment communities in Pennsylvania and Ohio. He is also currently assisting the Taipei American School in Taiwan with its design and construction contracts for a multimillion dollar school project.

Bryan is a member of the Pennsylvania and Allegheny County Bar Associations. He has written and published materials on construction law topics and has been active in community service through pro bono matters and service on various nonprofit boards.

Areas of Practice

• Trial Practice
• International Litigation & Arbitration
• Alternative Dispute Resolution & Mediation
• Construction Litigation
• Construction

Representative Cases

• Allegheny Railroad successfully defends against claim of improper maintenance relating to accident at railroad crossing , (2009)
• Bossa Nova negotiates construction contract for tapas bar in Cleveland, Ohio
• Brookdale Living Communities negotiates construction contracts for senior citizen assisted living facility
• Elder-Beerman settles favorably in litigation alleging defective work involving build-out of department store space
• Elder-Beerman Stores dispute against contractor for defective flooring installation in department store is resolved after arbitration
• Elder-Beerman Stores prepares construction contracts for build-out of retail space
• Engineering-Science successfully defends against former employee's fraud and breach of contract claims
• First Evangelical Lutheran Church pursues fraud and breach of contract claims against fire restoration company
• Former CEO William Moore pursues retaliatory prosecution claim arising from wrongful indictment and prosecution
• Hamilton Health Center wins summary judgment in breach of contract action
• KidsVoice, an organization that protects children's rights, receives appellate help in juvenile court , (2009)
• Koppers' claim of insurer's liability for environmental property damage coverage affirmed by Third Circuit
• Leonard S. Fiore develops immigration compliance program for construction workers
• Leonard S. Fiore pursues precedent-setting bid protest and taxpayer suit over illegally-awarded $20 million public work contract at Penn State University
• Leonard S. Fiore resolves litigation relating to renovation work at state-owned university in Pennsylvania
• Leonard S. Fiore wins nearly $1 million in dispute alleging defective construction in six story apartment complex
• MDL/309 Associates negotiates construction contracts for commercial real estate build-out/renovation
• Monroeville Hotel successfully defends against claims concerning $6 million hotel construction contract
• Southern Company Energy Marketing wins summary judgment on all liability issues in coal contract dispute
• Talleyrand Broadcasting recovers escrow funds and legal fees in arbitration involving the sale of a radio station to national broadcasting company
• Tow Path Business Park Development Company defends against commercial office complex tenant's claim of entitlement to extended lease term
• Tow Path Business Park Development Company defends against real estate broker's breach of contract claim for commercial property sales commission
• University of Pittsburgh Medical Center unfair billing class action dismissed , (2009)
• University of Pittsburgh Medical Center wins dismissal of class action alleging violations of PA Motor Vehicle Code
• University of Pittsburgh obtains dismissal of federal court class action on behalf of uninsured patients , (2009)
• WilTel Communications settles through mediation all disputes related to construction contracts for extensive fiber optic system
• Zurn Industries wins dismissal of negligence subrogation case involving one of largest fires in Erie, PA

West Practice Categories

Bankruptcy Litigation, Business & Commercial Law, Class Actions, Complex Litigation, Contracts, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• Pennsylvania

Education

• Duquesne University

Published Works

• New Regulatory Guidance Clarifies Buy American Requirements for Stimulus Spending Under the American Recovery and Reinvestment Act of 2009, 2009

Address

500 Grant Street, Suite 4500
Pittsburgh, PA 15219-2514

Phones

1.412.394.7918 (Business Phone)

Faxes

1.412.394.7959 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com