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Erik A. Goergen



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.

What do you focus on?

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.

Clerkships

  • Hon. Richard C. Wesley, U.S. Court of Appeals for the Second Circuit (2008-2009)
  • Hon. Eugene F. Pigott, Jr., New York State Court of Appeals (2007-2008)
  • Court Attorney, New York State Court of Appeals (2005-2007)

Representative Cases

  • McCaleb v. Daher-Socata et al., Seventeenth Judicial Circuit of Florida, Broward County.  Secured a unanimous defense verdict for French aircraft company Daher-Socata Aerospace in a case that was featured as #4 in CVN’s Top 10 Most Impressive Defense Verdicts of 2018.  After a three-week trial, the jury agreed that pilot error caused the crash of a single-engine TBM 850 and that the aircraft is safe and free of any defect. 
  • Prosthetic Home Services v. Fidelis Care, 154 A.D.3d 1283 (4th Dept. 2017).  Secured an affirmance on appeal of the dismissal of a complaint against Fidelis Care, a New York State-sponsored health insurance provider, for fraud, breach of contract and prima facie tort.
  • Wells Fargo Bank Northwest N.A. v. Airbus Helicopters Inc. et al., Texas District Court, Dallas County.  Representation of Airbus Helicopters in a complex commercial case that was favorably resolved immediately before the commencement of trial.
  • Representation of Xerox Corporation in an arbitration involving claims alleging damages in excess of $200 million for breach of contract, unfair competition and misuse of confidential information asserted by a large group of various agents and dealers of Xerox products.
  • Representation of Xerox Corporation in three separate lawsuits and a subsequent arbitration commenced by a former Xerox sales agent.  Successfully dismissed or stayed each action pending arbitration.
  • 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.

Publications

Erik Goergen is an author and editor for the Defense Research Institute’s Appellate Advocacy Committee Newsletter, Certworthy.

  • “Appellate Jurisdiction—Final Judgements,” Certworthy Newsletter, Defense Research Institute, Vol. 19, Issue 1, June 2018.
  • “Appellate Jurisdiction—Timeliness of Interlocutory Appeal,” Certworthy Newsletter, Defense Research Institute, Vol. 18, Issue 2, December 2017.
  • “Appellate Jurisdiction—No Appellate Jurisdiction Over Enforcement of Permanent Anti-Suit Injunction,” Certworthy Newsletter, Defense Research Institute, Vol. 18, Issue 1, July 2017.
  • “Appellate Jurisdiction—Consent to Magistrate Jurisdiction in Attorneys’ Fees Dispute,” Certworthy Newsletter, Defense Research Institute, Vol. 17, Issue 2, November 2016.  
  • “Appellate Jurisdiction—Finality of Order Enforcing an Information Subpoena,” Certworthy Newsletter, Defense Research Institute, Vol. 17, Issue 1, April 2016.   
  • Co-Author, “Appellate Procedure/Jurisdiction—Interlocutory Appeal Dismissed for Lack of Appellate Jurisdiction,” Certworthy Newsletter, Defense Research Institute, Vol. 16, Issue 2, September 2015 (Co-author).

Challenges are part of appellate law’s fun, attorneys say

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.

Florida jury clears aircraft maker in personal injury suit

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.

Contact

Erik A. Goergen

Associate

Buffalo

Phone: 716-853-8118


Fax: 866-451-1167

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

New York

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

  • Member of the Erie County Democratic Committee
  • Defense Research Institute (Appellate Advocacy Committee; Publications Editor for Appellate Section of In-House Defense Quarterly).
  • Member of the American, New York State and Erie County Bar Associations.
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