Mr. Browne is a partner at Ketterer Browne and Anderson (KBA). He is passionate about litigating cases to aggressively uncover evidence, exclude opposing experts, and develop a well-founded, trial ready cases backed by sound evidence and innovative strategies and technology.
He handles an array of cases but has focused primarily on mass tort (medical devices and other products), catastrophic injuries (including brain and spinal cord injuries), and class action cases. He has diverse experience in complex matters, including within consolidated actions in state and federal courts nationally. In short, if you have been taken advantage of or seriously injured, he is interested in speaking with you to have the privilege of fighting on your behalf.
Mr. Browne’s experience spans the entire spectrum from meeting with clients through trial work and appeals. He enjoys being part of litigation strategy planning and implementation, and is invited by other lawyers to develop their cases and consulted on litigation and trial strategy. As part of litigation teams, particularly within multidistrict litigations (MDLs) or state court consolidations, he is often charged with obtaining and responding to discovery, taking high-level depositions including of Rule 30(b)(6) corporate witnesses, corporate officers, and experts, and identifying and developing experts to support plaintiffs’ cases, while cross-examining opponents’ experts. He has repeatedly moved to exclude defense experts and successfully argued these matters before judges in several venues in state and federal court. Mr. Browne employs his experience on the defense side to deconstruct affirmative defenses and has successfully moved to exclude defenses from trial as well.
He often argues motions in court, including Daubert and dispositive motions in federal and state courts, motions in limine, and has been on trial teams through verdicts, including a $35,940,756 jury trial verdict, and post-verdict motions and an appeal. He has successfully negotiated several substantial recoveries securing tens of millions of dollars in settlements and verdicts for his clients.1
Mr. Browne has litigated cases across the country on a pro hac vice basis and been part of several trial teams, most recently second-chairing the first bellwether trial in a mass tort litigation involving thousands of individuals and complex interrelated regulatory and scientific issues. He has also served on committees within and been a member of Plaintiffs Steering Committees, most recently for the medical device Essure litigation consolidated in California state court. Mr. Browne was a leader in the pain pump and GranuFlo litigations, including leading committees on and working within the Plaintiff’s Steering Committee. His mass tort consolidation and MDL litigation experience include:
Mr. Browne founded KBA after working for nearly a decade at a prominent Baltimore-based firm where he rose the ranks from a contract attorney to become a partner. He also worked at defense firms in the Baltimore area in products liability, employment, commercial, and business litigation, while supporting a partner serving as in-house counsel for several businesses.
He previously interned with a judge in the U.S. District Court for the District of Maryland and with the U.S. Food and Drug Administration. He also worked for a non-profit organization doing appellate and administrative law work. Before graduating cum laude from the University of Maryland School of Law, Mr. Browne worked in the pharmaceutical and medical device industry, in clinical research, and other healthcare related capacities.
Mr. Browne is AV Preeminent Peer Review Rated for personal injury, mass torts, and products liability. The National Trial Lawyers Organization selected Mr. Browne for its Top 40 under 40 in Maryland list beginning in 2014 and up until he was 40, which we won’t tell him has now passed. He has been selected as a “Super Lawyer” Rising Star every year since 2012, which does not involve cases but is a recognition bestowed through a multiphase selection process resulting in no more than 2.5 percent of attorneys being named to the list.2 He has also won several awards and been recognized academically and for his community service.
Mr. Browne provides clients with candid assessments and advice and is frequently called upon to help other attorneys prepare their cases and to mentor developing law students and attorneys. He has published several articles and has spoken at conferences on substantive and strategic legal matters.
Mathias v. Shoemaker, No. 15-2261, 2017 WL 3592457 (D. Md. Aug. 21, 2017)
Staub v. Breg, Inc., No. CV 10–02038, 2012 WL 1078335 (D. Ariz. Mar. 30, 2012)
Musgrave v. Breg, Inc., No. 2:09-CV-01029, 2011 WL 3876529 ((S.D. Ohio Sept. 2, 2011)
Musgrave v. Breg, Inc., 2:09-CV-01029, 2011 WL 4502032 (S.D. Ohio Sept. 28, 2011)
James v. Stryker Corp., 1:10-CV-2082, 2011 WL 292240 (M.D. Pa. Jan. 27, 2011)
(Montgomery County Circuit Court, Maryland) Securing Future Medical Needs for a Client with a Spinal Cord Injury
Mr. Browne’s client was a 27-year old undocumented worker from Mexico who lived in the United States for seven years before working as a contractor at an electric substation. The defendant failed to de-energize a transformer close to where our client was erecting a 10-foot high scaffold. Electricity arced and struck his body, throwing him to the ground. Suffering a broken neck, he remains completely paralyzed from the neck down, unable to attend to his basic needs.
He worked on the case with the Yarborough Applegate law firm from Charleston South Carolina. Aggressive discovery and expert development yielded a stipulation to liability from the Defendant before trial – this meant Defendant would not disclaim fault and would not blame the victim to avail itself of the contributory negligence doctrine, under which if a plaintiff is found to be even just one percent at fault, that person can recover nothing.
Identifying and working with the right experts as Justin did proved critical in this case. Thanks to diligent discovery of defendants’ cabal of experts and hard-hitting depositions, defendant withdrew some of its experts, including a particularly well known and sympathetic one. Motions practice resulted in exclusion of another one of defendant’s experts, one who intended to eliminate most of our client’s claimed damages. Weeks of tireless trial preparation resulted in a $35,940,757 verdict thanks to the leadership and skill of lead trial counsel at Yarborough Applegate and second chairing by Mr. Browne.
Because of a tort reform initiative, our client lost over $14,000,000 from his pain and suffering award. Maryland law allowed him to recover only $770,000, thereby reducing the judgment to $21,710,756.94. The verdict was vacated pursuant to a post-trial settlement for a confidential amount.
(Cecil County Circuit Court, Maryland) Overcoming Sudden Medical Emergency Defense (complete bar to recovery)
Mr. Browne’s client was rear-ended at a traffic light by an individual who claimed to have had a sudden medical emergency. This person allegedly “blacked out” and was not in control of the vehicle. If successful, that defense would result in $0 recovery for our client because Maryland recognizes this defense as a complete bar to recovery.
Through hard-fought discovery and motions practice, he was able to neutralize this defense and resolve the case jury before trial for 80% of the maximum amount our clients could possibly recover, if they were even successful and did not fall victim to the complete defense.
(U.S. District Court, Northern District) Maryland) Overcoming Contributory Negligence Defense (complete bar to recovery)
Mr. Browne’s client was driving to work one night when the car in front swerved suddenly. A second car appeared in the middle of the highway out of nowhere, leaving our client no recourse but to strike the car from behind. Prior to filing, the insurance company offered no money because Maryland is one of only a handful of places left in the United States where a victim found to be even only 1% at fault cannot recovery anything because of an old legal doctrine called contributory negligence.
Aggressive discovery tactics uncovered several pieces of damaging evidence. Justin’s strategic deposition of the defendant and comprehensive preparation of our client effectively established liability and neutralized, if not negated, the contributory negligence defense. As a result, the case resolved well in advance of trial for near policy limits (90%) without any expert discovery being necessary.
(settled pre suit) (incident occurred in Howard County, Maryland) Policy limits without filing suit
Mr. Browne’s client was a passenger in a vehicle that was rear-ended while stopped at a light in Howard County, Maryland. The client suffered soft tissue injuries that progressively worsened over time. He was able to present a complex medical case in a clear, persuasive way and avoid potential issues that could have undermined the case. Our client received full policy limits without filing a lawsuit.
Beyond professional endeavors, Justin enjoys spending time with his wife Ramona, sons Drew Kingston and Dean Alexander, and their lab Luna, traveling, entertaining family and friends, and spending time outdoors, particularly waterside, when he’s not pulling pranks and trying to lighten the mood.
Get to Know Justin Browne