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F Brenden Coller

Member

: Philadelphia
One Liberty Place
1650 Market Street
Suite 2800
Philadelphia, PA 19103
P: (215) 665-5518
TF: (800) 523-2900
F: (215) 701-2302

F Brenden Coller

F Brenden Coller focuses his practice on class action and complex litigation, products liability, transportation, toxic tort, and mass tort action. He frequently handles consumer class action litigation as well as other general litigation matters including premises liability, commercial claims and negligence claims.

Brenden possesses a particular knowledge in cases involving manufacturing, design defect, and inadequate warning claims. He has successfully represented large snack and pet food manufacturers in consumer class action litigation as well as product manufacturers and businesses in general litigation matters. Brenden has also defended food manufacturers in product defect and mislabeling matters.

Brenden earned his undergraduate degree in political science, magna cum laude, from Moravian College. He earned his law degree, magna cum laude, from Villanova University School of Law and was a member of the Order of the Coif. While in law school, Brenden was a managing editor of outside articles for the Villanova Law Review. He was also a semi-finalist in the Theodore Reimel Moot Court Competition.

Experience

Obtained favorable settlement of a personal injury claim, for a fraction of the plaintiff's multimillion dollar demand, after presenting evidence during mediation that the plaintiff's alleged injuries to his neck and back pre-existed the auto accident at issue, and that the plaintiff's own reckless and negligent conduct caused the accident.

Won early dismissal for a major food manufacturer of a potentially sizable consumer protection class action claim that alleged false advertising of a product with annual retail sales of more than $50 million. After winning a critical motion to bifurcate discovery, Cozen O’Connor then filed a motion to show cause, arguing that no class could be fairly defined. Plaintiffs agreed to dismiss the allegations.

Secured dismissal with prejudice of a consumer fraud putative class action filed against our client, a leading integrated disaster recovery and property restoration services provider, based on allegations that its work authorizations violate New Jersey's Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA) by omitting certain information. In dismissing the putative class action, the court accepted our argument that omissions are not actionable under the TCCWNA, and allowed our client to pursue its claim for breach of contract and attorneys’ fees.

Defeated a motion for class certification in a putative class action filed in California state court against our client, a major food manufacturer, alleging that the packaging for a specific type of dog treat misrepresented that the product was “wholesome.” The plaintiffs sought approximately $8.4 million on behalf of the putative class, plus punitive damages and attorneys' fees under California's consumer protection statutes. We defeated class certification, and plaintiffs agreed to drop all claims.

Won summary judgment on behalf of a financial institution specializing in debt collection that faced more than 100 claims of alleged violations of the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA). We were engaged to replace prior counsel, entered the case just before summary judgment motions were due, and secured dismissal of all claims with prejudice.

Successfully moved to dismiss a putative class action against our airline client facing breach of contract, unjust enrichment, and a variety of other claims stemming from alleged false advertising regarding its enhanced economy class. In dismissing the complaint, which carried potential exposure of millions of dollars, the court accepted our arguments that the claims were time-barred and/or preempted. Before moving to dismiss, we successfully sought an order staying discovery in the case.

Won a case of first impression before the U.S, Court of Appeals for the Ninth Circuit affirming a dismissal motion approved by the district court. We represented a major food manufacturer in a putative class action alleging false advertising in its use of “Made in the USA” labels. After the initial complaint was filed, controlling state law was amended. We filed a motion to dismiss under the new law, which was granted with prejudice. That decision was appealed, and the Ninth Circuit ruled that the new law was applicable to existing claims.

News

Cozen O’Connor Promotes 17 Attorneys to Membership

April 03, 2017

The management committee is pleased to welcome a particularly qualified group to membership, composed of outstanding attorneys who have demonstrated remarkable professionalism, leadership, dedication, and loyalty to the firm and the legal community at large.

Legal Newsline Interviews Brendan Coller on Whole Foods Yogurt Labeling Claim

March 21, 2016

Brendan Coller recently wrote a Cozen O'Connor Products Liability Prevention & Defense blog post, which discusses the claim against Whole Foods Greek yogurt for mislabeling sugar content.

Power Lunch: Are Your Products Really 'Made in the USA'? [Food Processing]

June 25, 2018

Richard Fama and Brenden Coller, members in the firm's Commercial Litigation Department, published, "Power Lunch: Are Your Products Really 'Made in the USA'?" for Food Processing.

'Made In USA' Ruling Reflects New, Looser Calif. Standard

May 08, 2018

Rich Fama and Brenden Coller, members of the firm's Commercial Litigation Department, co-authored, "'Made In USA' Ruling Reflects New, Looser Calif. Standard," for Law360.

Defending Made-In-The-USA Claims

October 09, 2017

Brenden Coller and Richard Fama, of Cozen O'Connor's Commercial Litigation Department, co-authored, "Defending Made-In-The-USA Claims," for Assembly Magazine.

Amended Rule 26: Protecting Against Competitively Sensitive Disclosures [Products Liability Prevention & Defense Blog]

March 21, 2016

Hundreds of billions of business e-mails are sent per day. That number may not come as a shock to many, but once a company is involved in litigation, e-discovery can be quite burdensome. Even the mention of the phrase “e-discovery” can keep in-house counsel up at night. While e-discovery...

Sweet Victory: Whole Foods Uses FDA Regulations to Dismiss Complaint in Greek Yogurt MDL [Products Liability Prevention & Defense Blog]

February 29, 2016

This month, United States District Judge Sam Sparks of the Western District of Texas dismissed a Second Amended Consolidated Complaint in an MDL styled In re: Whole Foods Market, Inc., Greek Yogurt Marketing and Sales Practices Litigation. At issue in the MDL was the label for Whole Foods’ “365...

Understanding the Risk and Defending Against Food-Borne Illness Class Action Litigation [Products Liability Prevention & Defense Blog]

January 22, 2016

Companies in the food and beverage industry are routinely confronted with false advertising claims making incredulous allegations. Recently, consumers claimed to be misled because "Froot Loops" has no real fruit and there are no real berries in "Captain Crunch Crunchberries." Less frequent are...

New FDA Rules Focus on Prevention, Not Remediation [Products Liability Prevention & Defense Blog]

September 05, 2015

In today’s world, it is an unfortunate reality that food products can be the subject of contamination, as well as subsequent recall and litigation. This issue poses a problem to all sectors of the food industry: produce (recent salmonella found in cucumbers), beverages (e. coli found in bottled...

Here We Go Again: Primary Jurisdiction and Deference to FDA [Food Recall Monitor Blog]

May 23, 2014

We have been here before: in an attempt to capitalize on the ambiguities and uncertainties in product labeling, the plaintiffs’ bar focuses on phrases and ingredients for which there is little FDA guidance. Last year, the industry saw many lawsuits relating to whether a food product which...

Leading the Charge: Vermont Mandates GMO Labeling by 2016 [Food Recall Monitor Blog]

May 13, 2014

While some states have passed GMO-labeling laws which contain a triggering-clause before they go into effect, Vermont has officially become the first state to pass a law, without any triggering-clause, requiring food manufacturers to label food as containing genetically modified organisms...

Defending Food Labeling Claims at the Class Certification Stage: A Recipe for Success [Carrier Management]

May 05, 2014

In an article published in Carrier Management, Richard Fama and Brenden Coller, members of Cozen O’Connor’s Commercial Litigation Department, discuss several significant court decisions relating to class certification that give rise to optimism that the tide of the food and beverage labeling lawsuits may be turning in favor of food manufacturers and their insurers.

Don’t Overstep Regulations: Third Circuit Rules that FDA Regulations Trump State Causes of Action in Trans-Fat Labeling Claim [Food Recall Monitor Blog]

June 21, 2013

The Third Circuit Court of Appeals recently ruled that FDA regulations preempted a consumer class action complaint alleging that trans-fat content and cholesterol-reduction claims on light spread butter and margarine substitutes misled customers. This decision adds to the growing list of courts...

Statutory Damages in Class Litigation: Recent Trends and Developments	Live Webcast	09/27/2017
Critical Issues in Litigation – 2016	New York, NY	11/03/2016
ACI's 4th Advance Summit on Defending Food & Beverage Consumer Fraud Litigation	San Francisco, CA	01/25/2016
Critical Issues in Litigation – 2015	New York, NY	05/20/2015
2013 Excess Casualty Claims: Emerging Trends Every Claim Professional Needs to Know	New York, NY	11/14/2013

Practice Areas

Class Action & Mass Tort

Litigation

Products Liability

Industry Sectors

Food & Beverage

Education

Villanova University School of Law, J.D., magna cum laude, 2010
Moravian College, B.A., 2007

Bar Admissions

New Jersey
Pennsylvania

Court Admissions

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