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, labor and employment relation, criminal law, and real property tax assessment matters. The types of clients represented by John include national and international public utility corporations, asbestos product manufacturers, banks, retail stores, and insurance companies in relation to commercial and personal property claims/disputes; municipalities; public benefit organizations; collection companies and financial service corporations; trucking companies; an NFL coach in a contract dispute; health care service organizations; construction companies; a wine distribution company; and victims of catastrophic personal injury claims.

John has successfully litigated matters 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 a Defense Trial Lawyers Association of Western New York board member and a former president and 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 in the US 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 a $2.8 million dollar settlement for a client in an alleged catastrophic personal injury case. 
  • Successfully assisted and represented a NFL coach in a contract dispute. 
  • Thoroughly investigated a case and had it dismissed as the 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 the plaintiff's claim of the inability to work as a result of the accident, the plaintiff was gainfully employed in another state. 
  • Successfully defended a municipality in taxpayer 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 that the plaintiff's chiropractor falsified medical records. 
  • Represent and successfully defend a Fortune 500 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

  • American Bar Association 
  • New York Bar Association 
  • Erie County Bar Association 
  • Western New York Defense Trial Lawyers 
  • St. Thomas Moore Guild

Civic Activities

  • Buffalo Legacy Project, Inc., Board of Directors Vice President
  • Leadership Buffalo, Class Experience 2011
  • ACA International, the Association of Credit and Collection Professionals, Member
  • Honors

    • Super Lawyers: Products Defense (2013) and Personal Injury Defense: General (2014-2017)

    Prior Experience

    • Hiscock & Barclay, LLP, Partner
    • US Attorney’s Office, Northern District New York, Asset Forfeiture Unit (October 1994 to January 2001)