Brian W. McAlindin, Esq.

Brian W. McAlindin, Esq.

Partner

Email: bmcalindin@bathweg.com
Phone: 732-363-0666 Ext 249

Brian W. McAlindin 2021 Bathgate, Wegener, and Wolf P.C.

Practice Areas: Personal Injury; Commercial Litigation; Employment Law; Civil Rights; Consumer Fraud; Public Entity Liability; Construction Law; Insurance Disputes; Premises Security; Professional Liability; Product Liability; Toxic Torts; Prerogative Writs; Property Casualty Litigation; Estate Litigation; Election Law. 

Education: The T.C. Williams School of Law, University of Richmond, J.D., 1983; Princeton University, A.B. Politics 1980   

Admitted: New Jersey and U.S. District Court – District of New Jersey 1983; U.S. Court of Appeals 3rd Circuit 1997; U.S. Court of Appeals – 4th Circuit 1998; Supreme Court of the United States of America 1999; United States Court of Federal Claims 2011.

Memberships: Ocean County, New Jersey State and American Bar Associations, and the NJ Association for Justice.

Biography: Mr. McAlindin is a multi-discipline Certified Civil Trial Attorney with over 35 years litigation experience.  He is a graduate of Princeton University and the University of Richmond School of Law. He served as law secretary to Hon. Michael J O’Neil, J.S.C., then practiced with Wilson, Elser, Moskowitz, Edelman & Dicker LLP where he was an equity partner.  He joined Bathgate, Wegener & Wolf, P.C. as a partner in 2008 where he continues his litigation practice.  He has extensive trial and appellate experience. 

Mr. McAlindin frequently tries cases in the Superior Court of N.J.,  the U.S. District Court for the District of N.J., and the U.S. District Courts for the Eastern and Southern Districts of New York.  He has argued several appeals in the Superior Court of New Jersey – Appellate Division and the New Jersey Supreme Court.  He is admitted to the U.S. Court of Appeals for the 3rd & 4th Circuits, the Supreme Court of the United States, and the U.S. Federal Court of Claims. 

Mr. McAlindin has served as the Municipal Prosecutor for the Borough of Point Pleasant from 2015 – present. He served as a Councilmember on the Point Pleasant Borough Council 2002-2008 where he chaired the Administration & Finance Committee, and served on the Zoning & Code Enforcement Committee.  He has served as the Republican Municipal Chairman for the Borough of Point Pleasant from 2016-president. He is past President of the Republicans for Point Pleasant, former Hudson County Republican Committee member 1992-1996, former Member Hudson County Republican Executive Committee 1994-1995, and an Ocean County Republican Committee member 1998-present.  He served as General Counsel to the Gubernatorial Campaign of Brett Schundler 2000-2001.  He was a candidate for U.S. House of Representatives NJ-13 in 1994.

He has served as a Princeton University Alumni Area Admissions Interviewer and a member of the Princeton University Class of 1980 Executive Committee.

Reported Decisions:

  • Greenfeder v. Jarvis, 302 N.J.Super. 153 (App. Div. 1997) Dram shop motor vehicle collision affirming directed verdict; conflict of laws, automobile lessor vicarious liability.
  • Casamasino v. City of Jersey City, 304 N.J. Super. 226 (App. Div. 1997), rev’d. 158 N.J. 333 (1999) affirming summary judgment dismissing civil rights, wrongful discharge and defamation, NJLAD, CEPA; equitable estoppel, tenure of public officials.
  • Schundler v. Paulsen, 340 N.J. Super. 319 (App. Div. 2001), aff’d. 168 N.J. 446 (2001) Substitution of Gubernatorial candidate; retroactive legislation, election law.
  • N.J. Democratic Party, Inc. v. Sampson, 175 N.J. 178 (2002) Substitution of candidate for US Senate candidate; election law, statutory construction.
  • Madan-Russo, et als.  v. Grupo Posada, S.A. de C.V., 366 N.J. Super. 420, App. Div. (2004), certif. den. 180 N.J. 448 (2004) Premises security/sexual assault on behalf of resort hotel; jurisdiction, forum non-conveniens.
  • Ruiz v. Mero, 189 N.J. 525 (2006) Premises security/assault upon uniformed police officer responding to an altercation and the applicability of the “firefighter’s rule”.
  • Watkins v. Professional Security Bureau, Ltd., CA-97-520-L (unpublished) employment liability/sexual assault of subordinate by a supervisor.  

Publications: “Mold Litigation Best Practices: The Defense Perspective”, NJ Business and Industry Association (2008); “Tire Litigation”, Emerging Trends in Automobile Product Liability, Defense Research Institute (2007); “An Overview of New Jersey Premises Security Liability Law”, Wilson Elser Publications (1999); “An Overview of New Jersey Premises and Dram Shop Liability”, Wilson Elser Publications (2000).