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Christian H. Gannon

Shareholder | cgannon@smsm.com
Shareholder | New York, NY
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Christian H. Gannon currently serves as Co-Chairman of the firm, member of the firm's Executive Committee and Managing Shareholder of the firm's New York office.  Mr. Gannon represents major governmental agencies, contractors, and consultants in design and construction matters and related contract and litigation disputes.

Representative Matters

Succeeded in lowering the award in a New York Labor Law damages-only jury trial by 95 percent, from $6.8 million during closing arguments, down to $310,000 as a total recovery.

As lead counsel, prevailed on appeal to vacate a $2.5 million judgment entered against client, The Port Authority of New York & New Jersey, in an asbestos personal injury action.

Obtained a unanimous jury verdict for the defense in a multi-million dollar New Jersey toxic exposure case.

Obtained a directed verdict on behalf of a client, a defendant railroad company, at trial in a lawsuit wherein the plaintiff alleged damages from injuries he suffered when he was struck by a train and survived. The directed verdict was set up after successfully moving to bar the plaintiff's expert, who was prepared to testify about railroad operations and braking mechanics of trains, on the basis that the expert's opinion was a "net opinion."

Won jury verdict for defense in New Jersey wrongful death case alleging disease caused to 30-year cigarette smoker by workplace exposure to asbestos and diesel exhaust fumes.

Traveler's Casualty & Surety Co. v. Dormitory Authority of State of NY ( 07-CV-6915 SDNY) - Obtained summary judgment for a construction products manufacturer in a federal case alleging claims under theories of subrogation, breach of contract, and tortious damage to property for economic damages allegedly caused by defective materials.

Argued and co-authored brief to New York's highest state court regarding nonexistence of a duty for a premises owner to a member of an employee's household for secondary exposure to a toxic substance.

Obtained summary judgment for governmental entity on workers compensation lien valued at several hundred thousand dollars.

Established "Vertical Trial Program" through Offices of Administrative Judge, for Supreme Court of the State of New York, Bronx and Kings County, for the resolution of lead paint lawsuits on behalf of consortium of insurance carriers including, among others, Chubb Group of Insurance Companies, AIG and New York State Insurance Department, Liquidation Bureau.

Negotiated favorable settlement after jury selection in multi-million dollar federal court action where plaintiffs alleged claims for property damage and personal injury, including Kawasaki Syndrome, originating from petroleum spill. As part of settlement, all claims for personal injuries were withdrawn and defendants agreed to minimum cleanup costs pursuant to New York State Navigation law.

Honors

  • Selected for inclusion in the New York Super Lawyers list (no more than 5% of lawyers in the state are selected), nominated and selected by peers in the legal community (2013)

Professional & Civic Involvement

  • Member, National Association of Railroad Trial Counsel
  • Defense Research Institute, Commercial Litigation Committee, Drug and Medical Device Committee, Toxic Torts and Environmental Law Committee, and Trucking Law Committee
  • New York State Bar Association, Civil Practice Law and Rules Committee

Published Appellate Opinions

  • Travelers Cas. & Sur. Co. v. Dormitory Authority., 2008 WL 1882714 (S.D.N.Y. Apr. 25, 2008).
  • Holdampf v. A.C. & S., Inc. (In re New York City Asbestos Litigation), 5 N.Y.3d 486, 840 N.E.2d 115 (2005).
  • Oppenheim v. United Charities Of New York, 266 A.D.2nd 116 (N.Y.A.D. 1st Dept. 1999).
  • Ulanet v. D'Artagnan, Inc., 170 F.Supp.2d 356 (E.D.N.Y. 2001).
  • 536 Realty Associates, Sicherman Management Corp. v. Federal Home Loan Mortgage Corporation, Bernard Boykin, 2000 WL 264346 (E.D.N.Y. 2000).
  • Jean ex. rel. Vincent-Jean v. 536 Realty Associates, 1999 WL 1011968 (E.D.N.Y. 1999).
  • Hines v. City Of New York, 1996 WL 706877 (S.D.N.Y. 1996).
  • Enilo v. Port Authority Of New York and New Jersey, 1996 WL 243235 (S.D.N.Y. 1996).
  • Aielli v. Port Authority Of New York and New Jersey, 1996 WL 143948 243235 (S.D.N.Y. 1996).
  • Morgan v. Gay, 466 F.3d 276 (3d Cir. 2006).

News


Speaking Engagements

Perrin Conferences, Cutting-Edge Issues in Asbestos Litigation, "The Mega-Jurisdiction: Friend or Foe? DE, IL, NY, PA," Beverly Hills, CA (March 1-2, 2012).

American Conference Institute's "Managing and Resolving Mass Tort Products Liability Claims," New York, NY: "A Focus on Expert Testimony: Special Nuances in the Selection of Experts, Strategically Preparing & Defending Daubert Challenges, and Debunking Junk Science," and "Procedural Tactics for Managing and Defending Against Mass Tort Products Liability Claims" (September 30, 2010).

Panelist:  Perrin Conferences' Cutting-Edge Issues in Asbestos Litigation, Beverly Hills, CA, "Litigation Tourism - Where are the New & Emerging Venues?" (February 25, 2010).

Panelist:  HB's National Asbestos Litigation Conference, "Household Exposure Cases" (September 24, 2009).

Keynote Speaker:  HB Litigation Conferences' Lead Paint Litigation Conference, Philadelphia, PA (May 19, 2009).

Mealey's Emerging Trends in Asbestos Litigation Conference, Beverly Hills, CA, "The Household Exposure:  Do It Yourself Construction and Repair" (March 3-5, 2008).

Mealey's Product Liability Teleconference:  Lead Paint Toy Recalls (November 7, 2007).

Mealey's National Asbestos Litigation SuperConference, Scottsdale, AZ, "Suppliers, Distributors & Contractors - The Next Wave of Defendants?" (September 26-28, 2007).

American Conference Institute's (ACI) Resolving Mass Tort Products Liability Claims, New York, NY, "Establishing the Right Mix of Settlement Versus Litigation: Are Bellwether Trials Friends or Foes?" (March 28, 2007).

Co-Chair: Mealey's National Asbestos Litigation Conference, The Ritz-Carlton Hotel, Boston, MA (September 18-19, 2006).

Mealey's Fundamentals of Asbestos Conference, The Westin Hotel, Philadelphia, PA, "Secondary Exposure & Other Current Trends In Asbestos Litigation" (February 13-14, 2006).

Mealey's National Asbestos Litigation Conference, Philadelphia, PA, "'Non-Traditional' Defendants Becoming the Norm in Asbestos" (September 19-20, 2005).

Chubb Group of Insurance Companies, New Haven, CT, and White Plains, NY, "The Defense Of Mold Related Claims" (July 16, 2003).

Chubb Group of Insurance Companies, New York City Claims Office, "The Defense Of Mold Related Claims" (May 12, 2003).

Atlantic Mutual Insurance Company, "The Defense Of Mold Related Claims" (May 9, 2002).

Chubb Group of Insurance Companies, Home Office, "The Defense Of Mold Related Claims" (March 14, 2002).

RiverStone Claims Management, LLC, "The Defense of Asbestos Claims and Trends In New York City Asbestos Litigation."

Liberty Mutual Group, "The Defense of Asbestos Claims and Trends In New York City Asbestos Litigation."
Chubb Group of Insurance Companies, "The Defense of Asbestos Claims and Trends In New York City Asbestos Litigation."

The Hartford, "The Defense of Asbestos Claims and Trends In New York City Asbestos Litigation."

Author

"Does the Government Hear a Who? The Challenges of Nanotechnology," Segal McCambridge Singer & Mahoney's New York Advocate, Volume 1, Issue 1(Spring 2007).

Co-Author

"Case Notes: Appellate Review," Segal McCambridge Singer & Mahoney's New York Advocate, Volume 1, Issue 3 (Fall 2007).

"Turning the Tide of Deposition Conduct," New York Law Journal, Volume 237, Number 10 (January 16, 2007).

"Blurred Lines: The Interplay of Duty and Foreseeability," HarrisMartin's COLUMNS Asbestos (November 2005).

Education

Fordham University, B.A. (History), 1985, summa cum laude

Fordham University School of Law, J.D., 1989

Admissions

  • New Jersey, 1989
  • New York, 1990
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court, Federal District of New Jersey, 1989
  • U.S. District Court, Eastern District of New York, 1991
  • U.S. District Court, Northern District of New York, 2014
  • U.S. District Court, Southern District of New York, 1991
  • U.S. District Court, Western District of New York, 2014