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JohnGaughan

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, 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, trucking companies, 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; 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/TCPA matters.

John additionally provides counsel to municipalities and school districts relating to personal injury, property damage, risk management, personal injury, 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, 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 and product-liability 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

  • Bishop Timon St. Jude High School, Board of Trustees Member
  • 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

  • Selected to Super Lawyers Upstate New York: Personal Injury General: Defense, 2014-2018
  • 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

Alerts

Featured Media

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