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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 Chairman 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

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 (2010-2011, 2013-2020)

Professional & Civic Involvement

  • Fellow, Construction Lawyers Society of America
  • 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

jury trials/verdicts 2009-2020

Hatzionidis et al v. CAC Industries & City of New York (property damage to multiple homes from water main break; settled during jury deliberations)(2009)

Anna Olson, as Administratrix of The Estate of Alan Olson v. Port Authority Trans-Hudson Corporation (wrongful death from asbestos exposure; defense verdict)(2010)

Nick Musse v. Port Authority Trans-Hudson Corporation (patron struck by train; defense directed verdict)(2011)

Stephan Petty v. Port Authority Trans-Hudson Corporation (Multiple Myloma from benzene exposure; defense verdict)(2013)

Karen Talley v. Port Authority Trans-Hudson Corporation (patron dragged by train; defense directed verdict)(2013)

Sean Segota v. Tishman Construction (Labor Law damages only; Plaintiff requested $6.8 million; $310,000 verdict)(2014)

Estates of Harry Brown (1.) and Patrick McCloskey (2.)  v. The Port Authority of New York & New Jersey (two consolidated cases alleging wrongful death from asbestos exposure; defense verdict in both cases)(2014)

Verdon v. The Port Authority of New York & New Jersey (Labor Law damages only; Plaintiff requested $18 million; $2.3 million verdict)(2014)

Lopez v. The Port Authority of New York & New Jersey (Labor Law all issues; settled during jury deliberations)(2014)

Bermingham v. Bovis Lend Lease Construction (Labor Law all issues; $1.825 million verdict; reduced to $900,000 on appeal)(2014)

Barber v. Utica Boilers (wrongful death from asbestos exposure; defense verdict-mistrial)(2018)

McKee v. T. Moriarity (Labor Law all issues; settled after plaintiff’s liability verdict)(2018)

Doupis v. MTA (Labor Law damages only; settled after plaintiff rested)(2019)

Greenblatt v. Baumgardner (Labor Law damages only; settled after summations)(2019)

Albericci v. Port Authority (Labor Law all issues; Plaintiff requested $25.7 million; $8.6 million verdict)(2019)

Estate of Ira Epstein v. Port Authority (wrongful death from asbestos exposure; defense verdict)(2020)

Published DECISIONS

Aielli v. Port Auth. of N.Y. & N.J., 1996 WL 143948 (S.D.N.Y. 1996)(employment discrimination)

Cinquemani v. Old Slip Assoc., LP, 43 A.D.3d 1096 (2007)(toxic exposure)

Fritz v. Sports Auth., 91 A.D.3d 712 (2012)(Labor Law)

Garguilo v. Port Auth. of N.Y. & N.J., 137 A.D.3d 708 (2016)(Labor Law)

Gascard-Blackwell v. Port Auth., 1996 WL 732958 (S.D.N.Y. 1996)(employment discrimination)

Giordano v. Tishman Constr. Corp., 152 A.D.3d 470 (2017)(Labor Law)

Hines v. City of New York, 1996 WL 706877 (S.D.N.Y. 1996)(false arrest/imprisonment)

Hines v. City of New York, 2000 WL 420555 (S.D.N.Y. 2000)(false arrest/imprisonment)

Holdampf v. A.C.S., Inc. (In re New York City Asbestos Litig.), 5 N.Y.3d 486 (2005)(wrongful death)

Jean v. 536 Realty Assocs., 2000 WL 264346 (E.D.N.Y. 2000)(Lead Paint Exposure)

Korean Airlines Co. v. Port Auth. of N.Y. & N.J., 2012 U.S. Dist. LEXIS 1855532 (E.D.N.Y. 2012)(Aviation)

Korean Airlines Co. v. Port Auth. of N.Y. & N.J., 2013 U.S. Dist. LEXIS 13787 (E.D.N.Y. 2013)(Aviation) 

Korean Airlines Co. v. Port Auth. of N.Y. & N.J., 118 F. Supp. 3d 471 (E.D.N.Y. 2015)(Aviation)

Lee v. Carter-Reed Co., L.L.C., 2006 U.S. Dist. LEXIS 87817 (D.N.J. 2006)(Class Action Drug Manufacturer)

Lee v. Carter-Reed Co., L.L.C., 2007 U.S. Dist. LEXIS 3605 (D.N.J. 2007)(Class Action Drug Manufacturer)

Maragliano v. Port Auth. of NY & NJ, 119 A.D.3d 534 (2014)(Labor Law)

Matter of New York City Asbestos Litig. (Andrucki), 106 A.D. 3d 617 (2013)(wrongful death)

Matter of New York City Asbestos Litig. (Andrucki), 124 A.D. 3d 454 (2015)(wrongful death)

Matter of New York City Asbestos Litig. (Andrucki), 24 N.Y. 3d 275 (2014)(wrongful death)

Morgan v. Gay, 2006 U.S. App. LEXIS 32252 (3d Cir. 2006)(Class Action Pharmaceutical)

Morgan v. Gay, 2006 U.S. Dist. LEXIS 55211 (D.N.J. 2006)(Class Action Pharmaceutical)

Morgan v. Gay, 466 F.3d 276 (3d Cir. 2006)(Class Action Pharmaceutical)

Morgan v. Gay, 471 F.3d 469 (3d Cir. 2006)(Class Action Pharmaceutical)

Musse v. Port Auth., 2012 WL 1431233 (N.J. App.Div. 2012)(Pedestrian Struck By Train)

Oppenheim v. United Charities of N.Y., 266 A.D.2d 116 (1999)(Multiple Chemical Sensitivity)

Travelers Cas. & Sur. Co. v. Dormitory Authority-New York, 2008 U.S. Dist. Lexis 34120 (S.D.N.Y. 2008)(Products Liability)

Ulanet v. D’Artagnan Inc., 170 F.Supp. 2d 356 (E.D.N.Y. 2001)(Listeria)

Vernon v. Port Auth., 2002 U.S. Dist. LEXIS 8903 (S.D.N.Y. 2002)(Employment Discrimination)

Vernon v. Port Auth., 2002 U.S. Dist. LEXIS 9065 (S.D.N.Y. 2002)(Employment Discrimination)

Vernon v. Port Auth., 2002 U.S. Dist. LEXIS 9183 (S.D.N.Y. 2002)(Employment Discrimination)

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 School of Law, J.D., 1989

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

Admissions

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