Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. People
    3. Erik A. Goergen

      People
    1. Home
    2. People
    3. Erik A. Goergen

      People

    Erik A. Goergen

    Counsel


    • Office+1 716.853.8118
    • egoergen@nixonpeabody.com
    • Download vCard
    • LinkedIn Profile

    Introduction

    Erik Goergen is a litigator, based in Buffalo, 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.

    Practice Areas

    Complex DisputesArbitration, Mediation & Alternative Dispute ResolutionAviationGovernment Investigations & White Collar DefenseLitigationAppellate

    /My focus

    My practice focuses on litigating disputes in a wide range of complex commercial litigation and product liability matters, representing international, national, and local clients in the aviation, healthcare, manufacturing, and commercial real estate industries. My litigation experience also includes representing clients in Indian law matters and handling appeals in federal and New York State appellate courts, drawing upon my background as a former judicial law clerk at both the United States Court of Appeals for the Second Circuit and the New York State Court of Appeals.

    /Representative experience

    Trial Experience 

    • PHI Air Medical v. Airbus Helicopters, Inc., State of New Mexico, Santa Fe, First Judicial District. Representation of Airbus Helicopters at a jury trial involving a helicopter accident in Albuquerque, New Mexico. Successfully argued motion for a directed verdict at trial resulting in the dismissal of the largest claim against Airbus Helicopters for breach of express warranty. Prior to trial, successfully argued summary judgment motion, which resulted in the dismissal of plaintiff’s claims for strict products liability, negligence, breach of implied warranty, and violations of New Mexico’s Unfair Practices Act (seeking over $8 million in damages).
    • McCaleb v. Daher-Socata et al., Seventeenth Judicial Circuit of Florida, Broward County. Secured a unanimous defense verdict for French aircraft company Daher-Socata in a case that was featured as #4 in Courtroom View Network’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.
    • Glazer v. Daher-Socata, Supreme Court of the State of New York, Monroe County. Representation of Daher-Socata against product liability and negligence claims stemming from an aircraft accident. Settled a few weeks before trial commenced.
    • 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 trial commenced.
    • Markowitz v. Precipart Corporation, United States District Court for the Eastern District of New York. Representation of gear manufacturer, Precipart Corporation in an employment discrimination case. Case settled one day before jury selection.

     

    Appellate Experience

    • Eccles v. Shamrock Capital Advisors, LLC, ___NY3d___, 2024 NY Slip Op 02841 (2024). Representation of the founders and original shareholders in the online sports gambling company, FanDuel, in a multi-billion dollar breach of fiduciary duty dispute. Successfully obtained leave to appeal to the Court of Appeals and a reversal of the Appellate Division, First Department’s order dismissing plaintiffs’ complaint. In reversing the Appellate Division, the Court of Appeals held that our clients sufficiently pleaded causes of action for breach of fiduciary duty under Scots law. 
    • Khass v. N.Y. Presbyterian Brooklyn Methodist Hospital, 213 A.D.3d 824 (2d Dep’t 2023) and Khass v. N.Y. Presbyterian Brooklyn Methodist Hospital, 213 A.D. 3d 829 (2d Dep’t 2023). Representation of New York Presbyterian Brooklyn Methodist Hospital and successfully obtained a reversal of a lower court order that required the client to admit a recent medical school graduate into its pediatric residency program who had posted hateful anti-Semitic remarks on social media.
    • Beth Israel Med. Ctr. v. New York State Office of Medicaid Inspector General, 221 A.D.3d 446 (1st Dep’t 2023). Representation of Beth Israel Medical Center in appeal seeking to overturn an $8 million penalty assessed by the New York Department of Health.
    • Tuttle v. Front St. Affordable Hous. Partners, No. 20-17056, 2022 U.S. App. LEXIS 18443, 2022 WL 10967187 (9th Cir. July 5, 2022). Representation of Front Street Affordable Housing Partners in a case of first impression involving interpretation of an Internal Revenue Code provision establishing the Low Income Housing Tax Credit Program.
    • Long v. Corning Inc., 847 F. App’x 74 (2d Cir. 2021). Affirmed the dismissal of the plaintiff’s complaint asserting claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law against client Corning.
    • Jessica WW. v. Misty WW., 192 A.D.3d (3d Dep’t 2021). Representation of pro bono client in a highly contentious child custody dispute involving a same-sex couple. The Appellate Division affirmed a child custody order that allowed for shared custody, which our client’s ex-wife was trying to overturn as part of a separate divorce proceeding (where she sought a sole custody order for herself).
    • Oppedisano v. Arnold, 191 A.D.3d 794 (2d Dep’t 2021). Affirmed $3.8 million judgment in client’s favor rendered after a non-jury trial for damages based on the wrongful use and occupancy of our client’s real property.
    • Alfred-Almond Central School District, et al. v. NY44 Health Benefits Plan Trust, 175 A.D.3d 1010 (4th Dep’t 2019). Affirmed order granting client NY44 Health Benefits Plan Trust and its Board of Trustees’ motion to dismiss breach of fiduciary duty, negligence, fraud, and conversions claims brought by 15 school districts across New York State. Thereafter, secured summary judgment in the Commercial Division dismissing breach of contract claims seeking over $8 million in damages that involved the provision of health insurance and other benefits to thousands of school district employees.
    • Prosthetic Home Services v. Fidelis Care of New York, 154 A.D.3d 1283 (4th Dept. 2017). Affirmed order dismissing complaint against client Fidelis Care, a New York State sponsored health insurance provider, for fraud, breach of contract, and prima facie tort.

     

    Indian Law/Appellate Experience

    • Seneca Nation v. Hochul, et al., United States District Court for the Western District of New York, Case No. 1:18-cv-429-LJV-MJR. Representation of the New York State Thruway Authority in a case challenging the validity of an easement secured by the State of New York in 1954 over Seneca Nation land during the initial construction of the New York State Thruway. 
    • Matter of Cayuga Nation v. Parker, ___AD3d___, 2024 NY Slip Op 03603 (4th Dep’t July 3, 2024) (Lead Appeal);
      Matter of Cayuga Nation v. Parker, ___AD3d___, 2024 NY Slip Op 03604 (4th Dep’t July 3, 2024);
      Matter of Cayuga Nation v. Parker, ___AD3d___, 2024 NY Slip Op 03602 (4th Dep’t July 3, 2024);
      Matter of Cayuga Nation v. Parker, ___AD3d___, 2024 NY Slip Op 03601 (4th Dep’t July 3, 2024). 
      Representation of Dustin Parker, a member of the Cayuga Nation who challenged multiple tribal court judgments rendered against him and his businesses in four separate appeals at the Appellate Division, Fourth Department. In the lead appeal, the Appellate Division reversed a lower state court judgment which granted the Cayuga Nation’s CPLR Article 4 petition to domesticate the tribal court judgment against our clients, holding that a tribal court judgment is a foreign judgment, that such judgments are recognized in New York under the doctrine of comity in accordance with CPLR Article 53, and that the tribal court judgments in these cases should not have been recognized under New York law. 
    • Madison County v. Oneida Indian Nation, 131 S. Ct. 704 (2011). The United States Supreme Court vacated a Second Circuit decision preventing the 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, United States District Court for the Northern District of New York, Case No. 6:08-CV-00644. Representation of Madison and Oneida Counties in challenge to the US 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., 756 F.3d 163 (2d Cir. 2014). Representation of Madison and Oneida Counties in Stockbridge-Munsee Community land claim action.
     
     

    /Insights

    Erik Goergen was 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).

    /In the news

    • Law360

      NYS Thruway gains $21 million a year on Seneca land, tribe says

      This article covers the Seneca Nation challenging New York State’s use of a portion of NY Thruway that runs through its reservation, arguing that the state benefits from $21 million annually through a 1954 easement agreement that lacks federal approval. Buffalo Complex Disputes counsel Erik Goergen is mentioned in the coverage for representing the New York State Thruway Authority.

      April 21, 2025
    • Law360

      New York State says nothing new in Seneca Nation’s Thruway suit

      This article covers New York State’s motion to dismiss a challenge by the Seneca Nation over a portion of NY Thruway that runs through its reservation, arguing that nothing could have possibly changed in the 14-year dispute over the validity of a 1954 easement. Buffalo Complex Disputes counsel Erik Goergen is mentioned in the coverage for representing the New York State Thruway Authority.

      Feb 13, 2025
    • Bloomberg Law

      Cayuga Nation power struggle entangles multiple New York courts

      This article covers the ongoing clash between Cayuga Nation’s current governing faction and Nation members who believe that faction is violating their traditional way of governance, and how related lawsuits are forcing multiple courts to grapple with the issue of where tribal and state jurisdictions intersect. NP is mentioned in the coverage for representing Nation member Dustin Parker and maintaining that the federal court lacks authority to rule on tribal law issues—a position upheld by the New York State Supreme Court Fourth Appelate Department in July 2024. The NP team is led by Complex Disputes partner Dan Hurteau of Albany and counsel Erik Goergen of Buffalo, and Washington, DC Government Investigations & White-Collar Defense associate Bobby McManigal.

      Nov 18, 2024
    • The American Lawyer

      Litigator of the Week Runners-Up and Shout Outs

      This article covers a New York Court of Appeals decision that allows for a revival of claims against FanDuel asserted by the founders, former employees, and early investors of the sports gambling company. The coverage highlights Complex Disputes counsel Erik Goergen of Buffalo for representing the plaintiffs in the case.

      May 31, 2024
    • New York Law Journal

      Lawyers on the Move

      Long Island partner Tara Daub is included in this column of notable legal moves in New York for her appointment to Labor & Employment practice group leader. Long Island Labor & Employment counsel David Tauster; New York City counsels Julia Casteleiro and Abby Patterson, and Long Island counsel Mike Webb, all in the Affordable Housing & Real Estate group; and Buffalo Complex Commercial Disputes counsel Erik Goergen are also included for their promotions to counsel.
      Feb 25, 2021
    • Bloomberg Law

      Wake Up Call

      This roundup of notable legal industry news and people moves includes Nixon Peabody’s promotion of 12 attorneys to counsel.
      Feb 17, 2021
    • Buffalo Business First/Buffalo Law Journal

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

      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.
      June 17, 2019
    • Law360

      Florida jury clears aircraft maker in personal injury suit

      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.
      Nov 19, 2018
    • Rochester Business Journal

      The Record

      This coverage notes that Rochester Commercial Litigation associate Erik Goergen has joined the Literacy Volunteers of Rochester Board of Directors.
      June 13, 2014

    /Admitted to practice

    New York
    U.S. Supreme Court
    U.S. Court of Appeals, Second Circuit
    U.S. Court of Appeals, Ninth Circuit
    U.S. District Court, Western District of New York
    U.S. District Court, Northern District of New York
    U.S. District Court, Southern District of New York
    U.S. District Court, Eastern District of New York

    /Education

    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

    /Professional activities

    • Member of the Zoning Board of Appeals for the Town of Amherst, New York (largest town in Western New York)
    • Member of the Erie County Democratic Committee
    • Member of the Erie County Democratic Committee’s Judicial Advisory Council (vetting Democratic candidates for judicial office in Western New York)
    • Defense Research Institute, Appellate Advocacy Committee
    • Former Editor/Author for the Defense Research Institute’s Appellate Advocacy Committee Newsletter (national circulation) 
    • Member of New York State Pro Bono Appeals Program
    • Member of the American, New York State, and Erie County Bar Associations
    • Fellow of the New York State Bar Foundation (philanthropic arm of the New York State Bar Association)

    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)

    /Recognition

    • Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the field of Commercial Litigation; listed in Best Lawyers since 2024
    • Recommended in The Legal 500 United States 2023 editorial for Industry focus—Transport: aviation and air travel—litigation and regulation, as well as earlier editions

    Insights And Happenings

    View All
    • Alert

      Personal jurisdiction examined in Mallory v. Norfolk Southern Railway Co.—Did SCOTUS go off the rails?

      June 30, 2023
    • Press Release

      Nixon Peabody elevates 12 attorneys across practice areas to counsel

      Feb 16, 2021
    • Article

      Adjusting just fine

      June 17, 2019
    View All

    Professionals in the Practice Area

    View All
    • John Ruskusky

      Partner / Practice Group Leader, Complex Disputes
      • Chicago
      • Office:+1 312.977.4460
        Mobile:+1 708.606.8720
      • jtruskusky@nixonpeabody.com
      John Ruskusky
    • Daniel J. Hurteau

      Office Managing Partner / Deputy Practice Group Leader, Complex Disputes
      • New York City
      • Office:+1 518.427.2652
      • dhurteau@nixonpeabody.com
      Daniel J. Hurteau
    • Joseph J. Ortego

      Partner / Chair, NP Trial / Leader, Aviation
      • New York City
      • Office:+1 212.940.3045
      • jortego@nixonpeabody.com
      Joseph J. Ortego
    • Carolyn G. Nussbaum

      Senior Counsel
      • Rochester
      • Office:+1 585.263.1558
        Mobile:+1 585.766.1480
      • cnussbaum@nixonpeabody.com
      Carolyn G. Nussbaum
    • Christopher M. Mason

      Partner / Deputy Leader, Class Actions & Aggregate Litigation / Leader, Arbitration Team
      • New York City
      • Office:+1 212.940.3017
      • cmason@nixonpeabody.com
      Christopher M. Mason
    View All

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved