A Montgomery County attorney specializing in personal injury claims has been suspended from practicing law for three years after being found to have misled at least 16 clients regarding settlement offers, according to a ruling issued by the Pennsylvania Supreme Court’s Disciplinary Board last month. The case highlights the ethical obligations of attorneys representing clients in complex mass tort litigation.
Brian McCormick, formerly a partner at the Philadelphia firm Ross Feller Casey, engaged in a pattern of misleading communications with clients involved in lawsuits against Monsanto (now owned by Bayer) over its Roundup weedkiller and against Johnson & Johnson’s Janssen Pharmaceuticals, the manufacturer of the antipsychotic drug Risperdal. The misconduct occurred between 2023 and at least January 2025.
The Roundup litigation has been particularly active in Philadelphia, with juries awarding substantial damages to plaintiffs alleging the herbicide caused cancer. These verdicts, reaching millions and even billions of dollars, have drawn national attention. Due to the large volume of cases, a special master was appointed by the federal court to establish a settlement formula.
According to the disciplinary board’s order, at least nine of McCormick’s Roundup clients rejected the settlement amounts determined by the special master, hoping to secure larger payouts. McCormick then falsely led these clients to believe he was actively pursuing, or had already obtained, more favorable offers. He even requested some clients sign releases related to these nonexistent settlements. Throughout 2023 and into January 2025, McCormick reassured clients via email, text message, and voicemail that delays in receiving funds were simply part of the settlement process.
The order explicitly states that McCormick “did not settle any of the Roundup cases on behalf of the nine clients who rejected the formula determined settlement amount.”
The misconduct extended to the Risperdal litigation, where plaintiffs allege the drug caused men to develop gynecomastia, or excessive breast tissue. McCormick followed a similar pattern with at least seven Risperdal clients, promising settlements and, in one instance, providing a client with a specific date to pick up a check that did not exist.
Ross Feller Casey terminated McCormick’s employment in January 2025 upon discovering his actions. A spokesperson for the firm, Mario Cattabiani, stated that the firm “immediately took steps to ensure that the interests of all affected clients were protected.”
McCormick admitted to the misconduct and consented to the three-year suspension. The disciplinary board noted his acceptance of “full responsibility for his misconduct and is remorseful.” The suspension will take effect on .
This case underscores the importance of transparency and honest communication between attorneys and their clients, particularly in the context of mass tort litigation where settlements can be complex and involve extended timelines. The Pennsylvania Supreme Court’s Disciplinary Board’s decision serves as a reminder of the ethical obligations attorneys have to provide accurate information and avoid misleading clients, even when facing pressure to achieve favorable outcomes.
The Office of Disciplinary Counsel brought the charges against McCormick, detailing the extent of the misleading communications. Notably, the disciplinary board acknowledged that McCormick had no prior history of discipline during his 27 years of practicing law. However, this did not mitigate the seriousness of the misconduct, which involved a deliberate pattern of deception.
the disciplinary proceedings revealed that McCormick also made “misleading statements” to companies that fund litigation, attempting to secure a loan for a client based on the false premise of pending settlements. This demonstrates a broader pattern of unethical behavior aimed at personal or financial gain.
