Barclay Damon
Barclay Damon

John P. Gaughan

John P. Gaughan

Partner

p: 716-566-1540

f: 716-846-1220

icon_email jgaughan@barclaydamon.com
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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

John Gaughan is a member of the firm's Torts & Products Liability Defense, Commercial Litigation, and Creditors’ Rights Practice Areas. He has practiced extensively in both state and federal courts in insurance defense, personal injury and property damage litigation, products liability litigation, commercial litigation, business dispute litigation, creditors' rights litigation, various types of municipal litigation, and general civil litigation. John also has experience in election law, employment and labor relation matters, criminal law matters, and real property tax assessment matters. The types of clients represented by John include national and international public utility corporations, national and international asbestos product manufacturers, national and international banks, national and international retail stores, municipalities, public benefit organizations, collection companies and financial service corporations, national and international insurance companies in relation to commercial and personal property claims/disputes, trucking companies, an NFL coach in contract dispute, health care service organizations, construction companies, wine distribution company, and victims of catastrophic personal injury claims.

John has successfully litigated matters for clients, relating to personal injury, intentional torts, business torts, insurance defense, defective products, dangerous conditions, labor law, strict liability, professional liability, medical malpractice, legal malpractice, breach of contract, breach of fiduciary duty, alleged violations of the Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act, and Telephone Consumer Practices Act (TCPA), fraud, and catastrophic personal injuries. John has also successfully negotiated numerous multi-party settlements relating to personal injury, property damage, breach of contract and FDCPA/TCPA matters.

John has provided counsel to municipalities and school districts relating to: personal injury, property damage, risk management, personal injury, civil service/public sector, transportation, labor relations, employment, general municipal, public officers, police professional liability, policy formation, electronic data breach, city and county charter and code provisions, harassment and discrimination claims, first amendment rights, taxpayer actions, and the respective powers and duties of executive and legislative branches of government.

John is a reliable political resource and attends local, state and federal political events in Western New York and throughout New York State. He is currently a Board member in the Defense Trial Lawyers Association of Western New York, and a member of Puddles Equity Investment Club, a diverse group of novice investors who maintain and manage a group portfolio. He is the former Vice President and Board of Director of Buffalo Legacy Project, Inc., a not-for-profit entity bringing health and wellness resources to neighborhoods in need in Western New York.

Prior to joining the firm, John was a member of the Asset Forfeiture Unit, U.S. Attorney’s Office, Northern District of New York.

Representative Experience

  • Investigated municipality in relation to appropriations of public monies.
  • Successfully appealed and reversed a trial court decision for spoliation of evidence resulting in the trial court striking client's answer, dismissing its defenses. 
  • Advises Lackawanna City School District and the Board of Education in relation to labor and employment, student discipline, regulatory compliance, constitutional law, educational law, special education, contract claims, and risk management.
  • Assisted trial counsel in obtaining $2.8 million dollar settlement for client in alleged catastrophic personal injury case. 
  • Successfully assisted and represented NFL coach in contract dispute. 
  • Thoroughly investigated case and had case dismissed as Plaintiff filed a bogus claim for injuries and damages from a motor vehicle accident that he was the actual and proximate cause of his injuries. Also proved that despite Plaintiff's claim of the inability to work as a result of the accident, Plaintiff was gainfully employed in another state. 
  • Successfully defended municipality in taxpayers action for wrongful use of taxpayer funds. 
  • Served as co-lead trial counsel in a negligence and products liability matter, where after trial, but before verdict, the case settled for a portion of liability, and subsequently, in an arbitration for damages in the same matter, successfully mitigated damages as a result of proving Plaintiff's chiropractor falsified medical records. 
  • Represent and successfully defend Fortune 500 client, a product manufacturer, in personal injury and product liability matters. 
  • Represent and successfully defend numerous banks, corporations, financial service companies, and collection companies in federal court in relation to alleged violations of the FDCPA, TCPA and TILA. 
  • Represent client in medical malpractice claims, resulting in catastrophic injuries, against defendants.

Practice Areas

Education

  • Albany Law School of Union University, J.D., 1999
  • St. Bonaventure University, B.A., 1993

Admitted To Practice

  • New York, 2001
  • U.S. District Court, Western District of New York
  • U.S. District Court, Northern District of New York
  • U.S. Bankruptcy Court

Memberships & Affiliations

  • Buffalo Legacy Project, Inc., Vice President, Board of Director 
  • Leadership Buffalo, Class Experience 2011
  • ACA International, the Association of Credit and Collection Professionals 
  • American Bar Association 
  • New York Bar Association 
  • Erie County Bar Association 
  • Western New York Defense Trial Lawyers 
  • St. Thomas Moore Guild

Honors

  • Selected by Peer Review for Inclusion in Super Lawyer Directory 2013 for Products Defense, 2014-2016 for Personal Injury Defense: General

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • U.S. Attorney’s Office, Northern District New York, Asset Forfeiture Unit (Oct. 1994-Jan. 2001)