Court

Legal Background

Brian has deep experience in many areas of the law. He has represented clients in cases involving complex civil and constitutional tort litigation, civil conspiracy and legal malpractice, and defense of private corporations and municipalities. In addition to his legal practice, Brian also served as a judge pro tem and commissioner pro tem for Snohomish County Superior Court from 2010 - 2017. After serving five years as a deputy prosecuting attorney with the Snohomish County Prosecutor’s Office he went on to a national litigation and appellate practice for 14 years. Mr. Fahling is admitted to the United States Supreme Court, twelve U.S. Circuit Courts of Appeal, nine federal district courts and he has been admitted pro hac vice to many other federal and state courts across the nation.

Brian has been lead counsel on more than 300 trials and appeals. He was lead counsel in the successful defense of several corporations in a $300 million lawsuit. He has represented U.S. senators and congressmen, and the states of Mississippi and Alabama in amicus briefs to the U.S. Supreme Court. 

He has taught trial and appellate practice courses nationally and internationally. 

About Brian

Cowboy at the Rodeo

 Brian Fahling

Brian was born in Taipei, Taiwan, lived in Germany for five years then moved to Jackson Hole, Wyoming where he quite literally grew up on the slopes of Jackson Hole Ski Resort. His wife, Suzie (Vaux), was born and raised in Kirkland. They have seven boys, one girl, and four beautiful grandchildren. 

Brian is a sought-after speaker, writer and media commentator on constitutional and other legal issues.

Brian has appeared on CBS, CNN, FNC, MSNBC, BBC, NPR,

Voice of America, local/regional television and radio stations, and guest columns in major newspapers.

Representative Cases

  • Olsen v. Achilles USA, Inc., et al. (W.D. Wash.). Plaintiff, a market analyst and marketing vice president who was terminated after 26 years at Achilles USA, sued Achilles and its Japanese parent company for age discrimination, disability discrimination, race discrimination and national origin discrimination.  The matter was resolved with a large settlement and is covered by a confidentiality agreement.

  • In Re the Estate of T. Mark Stover (Skagit County Sup. Ct.) The decedent, Mark Stover (known as the "Dog Whisperer", and dog trainer to the stars), believing his ex-wife and father-in-law had hired someone to murder him, left a check in the amount of $150,000 for petitioner, who he planned to marry.  Mr. Stover was murdered less than two months later and Mr. Stover's ex-wife's live-in boyfriend was convicted of the first degree murder of Mr. Stover.  When the personal representative of the estate refused to deliver the check to the petitioner, she sued for it, a gift causa mortis, and, after a bench trial, the court ordered the estate to pay petitioner $150,000.

  • Pine v. City of West Palm Beach (S.D. Fla.). Successful challenge in federal district court to West Palm Beach, Florida, ordinances on First Amendment grounds.

  • DePrimo, et al. v. Chiarelli (Judicial District of New Haven, Conn.). Represented plaintiffs in case involving legal malpractice, vexatious litigation, fraud, slander per se, abuse of process, intentional infliction of emotional distress, breach of contract and civil conspiracy. Large settlement obtained on eve of trial (confidentiality agreement).

  • Reyes v. City of Chula Vista (S.D. Cal.). Successful challenge in federal court to Chula Vista, California's infringement of plaintiff's First Amendment rights. Obtained consent decree which included damages for plaintiffs and requirement that City provide First Amendment training on an annual basis to all police officers and other city employees.

  • U.S. v. American Library Assoc. As counsel of record, authored amicus brief to U.S. Supreme Court (in support of Child Internet Protection Act) on behalf of Senator Trent Lott and three House members.

  • Shields, et al v. Kiowa County Sch. Dist. RE-2 (D. Colo.). Successfully defended  Kiowa County School District RE-2 in federal court against motion for TRO and preliminary injunction where plaintiff claimed school had violated the First Amendment.

  • Victory Tabernacle Missionary Baptist Church v. Henry County, Georgia (N.D.Ga.). Represented church in federal court against Henry County, Georgia, alleging racial discrimination and RLUIPA violation; obtained consent decree granting requested relief, damages and attorney's fees.

  •  Bischoff v. Florida (M.D.Fla.). Represented plaintiffs in successful First Amendment challenge to two Florida statutes.

  • Stenberg v. Carhart. Special Counsel to Mississippi and Louisiana, representing the two states in amicus brief to United States Supreme Court.

  • Successfully defended corporations and individual sued for $300 million in Alabama state court. Obtained preliminary and permanent injunctive relief in federal court against further prosecution of the state action. Blackerby, et al v. Green County, Comm., et al. (N.D. Ala.). 

  •  Shalom Alliance, et al v. City of Fountain Valley, et al. (C.D.Cal.). Church sued Fountain Valley, California, because it was using zoning laws to keep new churches out of the City.  As part of settlement, the City allowed Shalom Alliance to locate in the city and amended its zoning laws to permit churches to locate in Fountain Valley.

  • U.S. v. Scott, et al. (D. Conn.). Successfully defended clients against lawsuit filed by State of Connecticut and the United States. With two colleagues, conducted more than 100 depositions in Connecticut in a six-month period.