Erik Goergen is a litigator who represents a diverse array of local, national and international clients in complex commercial disputes and product liability matters at both the trial and appellate levels.
I focus my practice in the areas of complex commercial litigation and litigation concerning aviation, product liability, health care, employee benefits and commercial real estate, drawing upon my background as a judicial law clerk at both the United States Court of Appeals for the Second Circuit and the New York State Court of Appeals.
I also represent companies and individuals in critical investigative and compliance matters involving federal and state government enforcement authorities.
Varrenti v. Gannett Co., Inc., 33 Misc. 3d 405 (Sup. Ct. Monroe Cty. 2011). Representation of Gannett Company in case holding that anonymous internet speech was protected by the First Amendment; newspaper not required to disclose the identities of anonymous posters to online news articles.
National Organization of Veterans’ Advocates, Inc. v. Secretary of Veterans Affairs, United States Court of Appeals for the Federal Circuit, Case Nos. 2010-7136, 7139, 7142. Pro bono representation of veterans’ rights group challenging VA Secretary’s rule permitting only VA-employed (or contracted) psychiatrists and psychologists to determine, in a certain class of cases, whether the veteran’s diagnosed post-traumatic stress disorder was incurred in military service (excluding all equally or better qualified doctors in private practice).
Matter of Davis v. Carballada, 31 Misc. 3d 728 (Sup. Ct. Monroe Cty. 2011). Representation of the City of Rochester in two lawsuits challenging the authority of the former acting mayor to execute mayoral duties and the City Council’s decision to hold a special election to fill the mayoral vacancy.
Matter of Brown v. Egriu, 76 A.D.3d 799 (4th Dept. 2010), lv denied 15 N.Y.3d 704 (2010). Representation of voter in New York’s 28th Congressional District challenging the validity of the designating petition of Congresswoman Louise Slaughter’s Democratic Party primary opponent.
Madison County v. Oneida Indian Nation, 131 S. Ct. 704 (2011). U.S. Supreme Court vacated circuit court decision preventing defendant-counties from using tax foreclosure to collect lawfully owed property taxes from Indian tribe and remanded for further proceedings.
Madison County v. State of New York, et al., v. Salazar, 6:08-CV-00644 (NDNY). Representation of Madison and Oneida Counties in challenge to the Department of Interior’s decision to acquire land-into-trust for the Oneida Indian Nation of New York.
Stockbridge-Munsee Community v. Oneida Indian Nation of New York and State of New York, et al., 86-cv-1140 (NDNY). Representation of Madison and Oneida Counties in Stockbridge-Munsee Community land claim action.
Erik Goergen is an author and editor for the Defense Research Institute’s Appellate Advocacy Committee Newsletter, Certworthy.
Buffalo Business First/Buffalo Law Journal | June 17, 2019
This front-page story features Buffalo Complex Commercial Disputes associate Erik Goergen discussing the excitement of appellate law and how attorneys can remain creative and persuasive within the boundaries of New York State’s new filing guidelines. Click here to read the full article.
Law360 | November 18, 2018
Long Island partner Joe Ortego, San Francisco partner Brian Dalrymple and Buffalo associate Erik Goergen, all of the Complex Commercial Disputes practice group, are mentioned in this story for securing a jury trial victory for Daher-Socata Aerospace in a complex, three-week trial in Florida.
State University of New York at Buffalo Law School, J.D., cum laude
State University of New York at Geneseo, B.A., Political Science, magna cum laude
U.S. Supreme Court
U.S. Court of Appeals, Second Circuit
U.S. District Court, Southern District of New York
U.S. District Court, Western District of New York
U.S. District Court, Northern District of New York