Brian Osterman
 

Brian Osterman helps clients develop and implement litigation and trial strategies in complex civil disputes. Brian has conducted more than 80 depositions across the country and prepared witnesses to testify in many more.

In a 2016 victory for a hospital client, Brian drafted and argued a successful motion to dismiss federal EMTALA claims. He has also successfully resolved several cases for clients involving Section 1983 claims. Prior to joining WTO, Brian spent five years as an associate at a New York litigation firm.

Other Experience

Martin Clearwater & Bell LLP
United States Attorney’s Office, Western District of New York,
   Summer Clerk
City of South Bend Attorney’s Office, Intern

Legal Memberships, Activities, and Honors

New York Super Lawyers
  
Rising Star, 2016
New York State Bar Association
New York State Attorney General’s Triple “C” Award
Colorado Notre Dame Lawyers’ Committee

Community Memberships, Activities, and Honors

Notre Dame Club of Denver

Personal Interests

Sports, reading, history, exercise


Representative Cases
  • Following WTO's motion for summary judgment, obtained nuisance value settlement of professional liability claims of $5 million against a New Mexico hospital.
  • Won a motion to dismiss for a hospital client in New York in a matter of first impression involving Emergency Medical Treatment and Labor Act (EMTALA) claims in the Second Circuit. The Court affirmatively ruled that the hospital's obligations under EMTALA ceased upon admitting the plaintiff.
  • Obtained multiple dismissals of Section 1983 claims, including one case in which a New York City police officer alleged he had been involuntarily hospitalized in retaliation for whistleblower claims.
  • Obtained dismissal of claims against a private hospital, establishing an exception to the traditional rule of vicarious liability in New York State.
Bar and Court Admissions
  • Colorado
  • New York
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of New York
Other Experience

Martin Clearwater & Bell LLP
United States Attorney’s Office, Western District of New York,
   Summer Clerk
City of South Bend Attorney’s Office, Intern

Legal Memberships, Activities, and Honors

New York Super Lawyers
  
Rising Star, 2016
New York State Bar Association
New York State Attorney General’s Triple “C” Award
Colorado Notre Dame Lawyers’ Committee

Community Memberships, Activities, and Honors

Notre Dame Club of Denver

Personal Interests

Sports, reading, history, exercise

Education
  • Notre Dame Law School, J.D., 2011, cum laude
  • Boston College, B.A., 2008, Political Science, cum laude
Bar and Court Admissions
  • Colorado
  • New York
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of New York