Brian P. McCafferty

Brian P. McCafferty is a highly regarded trial and appellate lawyer who specializes in labor and employment law, wage and hour litigation, False Claims Act litigation, commercial litigation and complex personal injury and products liability litigation.  Mr. McCafferty’s variety of experience has ranged from assisting the federal government in recovering hundreds of millions of taxpayer dollars from defense contractors and the oil industry to representing low-wage workers in wage and overtime cases.  

Mr. McCafferty is currently and has historically represented workers nationally in the beef, pork and chicken processing industries in seeking fair payment of wages and overtime.  His work has resulted in several published decisions favorable to workers:  See e.g., Lopez v. Tyson Foods, Inc., 2007 WL 1291101 (D. Neb. March 20, 2007); Dybevik v. Quality Pork Processors, Inc., 2001 WL 811124 (D. Minn. July 10, 2001). 

While Mr. McCafferty has spent much of his career vindicating the rights of individual workers and citizens, he has also scored important victories for small businesses, corporations and labor organizations.  For example, in the published Third Circuit decision Fair Housing Council of Suburban Philadelphia v. Montgomery Newspapers, 141 F.3d 71 (3d Cir. 1998), Mr. McCafferty successfully defended Montgomery Newspapers, a local weekly newspaper company, in both the district court and the Third Circuit, against allegations that it published discriminatory housing advertisements.  This case remains an important precedent in Third Circuit law on whether advocacy organizations have standing to sue on issues germane to their causes.  Subsequently, Mr. McCafferty testified along with Pulitzer Prize winning journalist Arthur Howe before a Pennsylvania House of Representatives committee which led to amendments in Pennsylvania fair housing laws. 

Mr. McCafferty has also served as outside national counsel to the Oil Chemical and Atomic Workers Union (OCAW) and had been involved in advising that organization (which is now part of the United Steelworkers Union) in numerous strikes, lockouts, contract arbitrations, NLRB matters and other labor disputes.

Prior to joining KEMY, Mr. McCafferty was the Managing Partner of the Philadelphia Office of Texas-based national class action firm Provost Umphrey, LLP. Mr. McCafferty received his law degree from the University of Notre Dame Law School in 1992 and his Bachelor of Arts in Government and International Studies from the University of Notre Dame in 1989. He is admitted to practice in Pennsylvania and the District of Columbia; and he is also admitted to practice in the following federal courts: United States Court of Appeals for the Third, Fourth, Fifth and D.C. Circuits, as well as the United States District Court for the Eastern and Middle Districts of Pennsylvania, the Eastern and Western Districts of Arkansas, the Central District of Illinois, the Western District of Michigan and District of the District of Columbia. Prior to entering private practice, Mr. McCafferty served as a Legal Assistant to the Honorable James Gardner Colins, formerly the President Judge of the Commonwealth Court of Pennsylvania.

Contact tel:        610-940-9099 Ext. 15 email:  bmccafferty@kemy-law.com An experienced litigator with an emphasis on employment law, personal injury and commercial litigation.