Brian McCarthy

Brian is an experienced trial lawyer, having tried cases to jury verdict or judgment throughout the State of Alabama. He also has successfully litigated cases in Florida, Mississippi and Texas. Brian has significant experience in admiralty and maritime, products liability, railroad, wrongful death, personal injury, commercial litigation, professional and medical malpractice, aviation, and labor and employment. He also has successfully defended clients in cases involving mass-torts, multi-district litigation, and other complex litigation.


Brian is a fellow of the American College of Trial Lawyers, an invitation-only group limited to one percent of the lawyers licensed to practice in the United States and Canada. He also is a Fellow of the International Academy of Trial Lawyers, an invitation-only body of 500 trial lawyers from the United States and 30 different countries.

Brian has been listed as one of the top lawyers in Alabama in several publications including Super Lawyers, Chambers and Partners and The Best Lawyers In America ©. He is a past President of the Mobile Bar Association and is a member of several national, regional and local legal organizations.


  • Represented one of the largest employers in Mobile County in five separate jury trials, each involving multiple plaintiffs asserting claims of race discrimination, hostile work environment and discriminatory pay and promotion, and obtained defense verdicts in each case.
  • Obtained a defense verdict in a double death case arising out of an SUV roll-over, which involved claims of crashworthiness and spoliation of evidence.
  • Obtained a defense verdict for a Class I Railroad in a wrongful death action arising out of a grade crossing accident that resulted in the death of two people.
  • Obtained several defense verdicts in favor of railroads in personal injury actions brought under the Federal Employees Liability Act.
  • Obtained a jury verdict in the amount of $1.7 million in favor of a real estate investor, in a case involving claims of fraud and deceit, and claims under the Interstate Land Sales Full Disclosure Act.
  • Obtained a jury verdict in the amount of $1.75 million in favor of a yacht owner against his insurance company for wrongful refusal to provide coverage under the insurance policy.
  • Successfully defended a shipyard in an arbitration related to the construction of a vessel.
  • Represents numerous barge companies, tug boat companies, offshore supply and crew boat companies, and shipyards in wrongful death actions, Jones Act actions, limitation of liability actions, and collision actions.
  • Successfully defended numerous product liability actions involving wrongful death and catastrophic injuries arising out of the use of the following types of products: tractors; car seats; motorcycles; SUVs; aircraft and aircraft component parts; hand tools; chain saws; lawn mowers; excavators; backhoes; industrial equipment; medical devices; chemicals; personal watercraft; and utility vehicles.
  • Successfully represented a variety of professionals in malpractice cases, including architects, engineers, attorneys, accountants, and healthcare/medical providers.
  • Represents Class I railroads and short-line railroads in numerous wrongful death actions arising out of grade crossing accidents, as well as actions involving claims asserted under the FELA.
  • Successfully represented contractors and subcontractors in cases alleging defects in construction, delays in performance and other breaches of construction contracts.
  • Represents trucking companies in actions involving catastrophic injuries and death arising out of accidents.
  • Successfully represented industrial clients in cases involving catastrophic injuries or death.
  • University of Alabama School of Law, J.D.
  • Illinois State University, B.S.
Professional awards, honors, and distinctions
  • Chambers and Partners USA, Litigation (2015-2022)
  • Best Lawyers © Mobile, Alabama “Lawyer of the Year”, Product Liability Litigation-Defendants; Admiralty and Maritime Law; Personal Injury Litigation-Defendants; Product Liability Litigation-Defendants (2016-2024)
  • Named to Top 10 Alabama Super Lawyers (2013-2015)
  • Named to Top 50 Alabama Super Lawyers (2009-2023)
  • Named to The Best Lawyers In America © for 18 consecutive years
  • AV Preeminent ®, Martindale-Hubbell ®
  • The United States Supreme Court
  • The Supreme Court of Alabama
  • The United States Court of Appeals for the Eleventh Circuit
  • The United States Court of Appeals for the Ninth Circuit
  • All State and Federal Courts throughout the State of Alabama

Professional civic and charitable organizations

American College of Trial Lawyers


International Academy of Trial Lawyers


Mobile Bar Association

President, 2015

National Association of Railroad Trial Counsel

Executive Committee, Past Member

ALFA International

Member, Products Liability and Complex Torts Steering Committee Member, Transportation Steering Committee

Southeastern Admiralty Law Institute


Maritime Law Association


Mobile Inns of Court


The Alabama State Bar


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