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JohnGaughan

He | Him | His

Partner

"Only a life lived for others is a life worthwhile." —Albert Einstein

Overview

Biography

A former member of the US Attorney’s Office Northern District of New York Asset Forfeiture Unit, John practices extensively in both state and federal courts in insurance defense, personal injury and property damage litigation, products liability litigation, labor law litigation, commercial litigation, business dispute litigation, creditors’ rights litigation, municipal litigation, and general civil litigation. He also has extensive experience in election law, labor and employment relations, criminal law, and real property tax assessment matters.

John represents national and international public-utility corporations, asbestos product manufacturers, banks, retail stores, and insurance companies in relation to commercial, personal injury, NY Labor Law, and property claims and disputes. He also represents municipalities, school districts, colleges and universities, trucking companies, professionals, public benefit organizations, collection companies and financial service corporations, health care service organizations, construction companies, alcoholic beverage manufacturers and distributors, and victims of catastrophic personal injury claims.

John litigates matters relating to personal injury; intentional and business torts; transportation law; vehicle and traffic law; insurance defense; defective products; dangerous conditions; labor law; strict and professional liability; medical and legal malpractice; breach of contract and fiduciary duty; alleged violations of the Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act, and Telephone Consumer Practices Act (TCPA); fraud; and catastrophic personal injuries. John has also successfully negotiated numerous multi-party settlements relating to personal injury, property damage, breach of contract, and FDCPA and TCPA matters.

John additionally provides counsel to municipalities and school districts relating to personal injury, property damage, risk management, personal injury, collective bargaining and contractual negotiations, civil service and public sector, transportation, labor relations, employment, general municipal, public officers, police professional liability, policy formation, electronic data breaches, city and county charter and code provisions, harassment and discrimination claims, First Amendment rights, taxpayer actions, and the respective powers and duties of executive and legislative branches of government.

Bar Associations

  • American Bar Association
  • Bar Association of Erie County
  • New York State Bar Association

Selected Memberships & Affiliations

  • Defense Trial Lawyers Association of Western New York, President and Former Vice President
  • St. Thomas Moore Guild
Experience

Representative Experience

  • Advises school districts and boards of education on governance, labor and employment, student discipline, regulatory compliance, constitutional law, educational law, special education, contract claims, general liability, and risk management matters.
  • Defends a Fortune 500 product manufacturer in personal injury, transportation, and products liability matters. 
  • Defends numerous commercial clients in transportation law and vehicle and traffic law matters.
  • Defends numerous banks, corporations, financial-service companies, and collection companies in federal court in relation to alleged violations of the FDCPA, TCPA, and TILA. 
  • Investigates appropriations of public monies.
  • Successfully appealed and reversed a trial court decision for the spoliation of evidence, resulting in the trial court striking the client’s answer and dismissing its defenses. 
  • Assisted a client in recouping over $10 million in funds used for community Medicaid.
  • Assisted trial counsel in obtaining a $2.8 million settlement for a client in an alleged catastrophic personal injury case. 
  • Successfully assisted and represented a NFL coach in a contract dispute. 
  • Thoroughly investigated a case and had it dismissed, as the plaintiff filed a bogus claim for injuries and damages from a motor vehicle accident that he was the actual and proximate cause of his injuries. Proved that, despite the plaintiff's claim of the inability to work as a result of the accident, the plaintiff was gainfully employed in another state. 
  • Successfully defended a municipality in taxpayer action for the wrongful use of taxpayer funds. 
  • Served as co-lead trial counsel in a negligence and products liability matter in which, after trial but before verdict, the case settled for a portion of liability. Subsequently, in an arbitration for damages in the same matter, successfully mitigated damages as a result of proving the plaintiff's chiropractor falsified medical records. 
  • Represented a client in medical malpractice claims resulting in catastrophic injuries against the defendants.

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • US Attorney's Office, Northern District New York, Asset Forfeiture Unit Member

Selected Community Activities

  • Leadership Buffalo, Class of 2011
  • Association of Credit and Collection Professionals International, Member
  • Puddles Equity Investment Club, Former President
  • Buffalo Legacy Project, Inc., Former Board of Directors Vice President

Selected Honors

  • Buffalo Business First, Legal Elite of Western New York, 2020
  • Selected to Super Lawyers Upstate New York: Personal Injury General: Defense, 2014-2018, 2020
  • Selected to Super Lawyers Upstate New York: Products Defense, 2013
Knowledge

Selected Speaking Engagements

  • National Business Institute, “Personal Injury 101: Damages From the Defense Perspective” CLE
  • National Business Institute, “Personal Injury 101: Standing on Ethical Grounds” CLE

Selected Publications & Media

Selected Alerts & Blog Posts

Featured Media

Alerts

NYS Health and Mental Hygiene Budget Legislation Summary

Alerts

NYS Legislature Passes Legislation to Reopen the CDPAP Fiscal Intermediary Procurement Process

Alerts

Pennsylvania State Court Grants Summary Judgment to Dental Practice Against Insurer for COVID-19 Business Interruption Coverage

Alerts

Unpacking the Impact of the Newly Effective Information Blocking Rule

Alerts

Second Circuit Court of Appeals Certifies Questions Regarding Damages for Improper Judgment Enforcement to New York Court of Appeals

Alerts

NYS Governor Cuomo Signs Bill to Fully Repeal Immunity for Certain Health Care Providers and Facilities

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