Peter Marlette

Biography

Peter's legal practice focuses on the defense of high-exposure products liability and toxic-substance litigation. He counsels businesses on products-liability issues and product recalls. Peter also represents corporations in large commercial litigation and arbitrations across the United States and around the world.

Peter formerly served as managing director of Barclay Damon’s Buffalo and Toronto offices and served on the firm’s Management Committee. Prior to the merger that formed Barclay Damon, he served as managing partner of Damon Morey LLP. Peter's many leadership positions in the community include an appointment by NYS Governor Andrew Cuomo to serve as Erie County Fiscal Stability Authority director and vice chair.

Bar Associations

American Bar Association
Bar Association of Erie County
New York State Bar Association

Selected Memberships & Affiliations

Litigation Council of America, Fellow
ALFA International, Former Board of Directors Vice Chair
ALFA International, Great Lakes Practices Group, Former Chair
Managing Partner Forum, Advisory Board

Representative Experience

Served as lead attorney in a major international arbitration involving cellular-telephone contracts in Sweden, Russia, and several former Soviet Union republics with claims of over $125 million in damages. After 10 days of arbitration, a three-person panel returned a unanimous no-cause decision in favor of the Swedish corporation that Peter represented.
Successfully tried several asbestos cases to verdict and served as lead trial counsel throughout the United States, including in cases in New York, Massachusetts, New Jersey, Florida, and Minnesota.
National counsel for an international manufacturer of lifting devices in leading the coordination and strategy for its asbestos litigation throughout the United States.
Successfully tried a high-exposure head injury case in which the plaintiff’s economist alleged damages in excess of $25 million.
Successfully counseled an international manufacturer of security devices, an international manufacturer of electrical products, and several food manufacturers and distributors on product recalls and withdrawals.
Defended complex mass tort cases through trial that involved deceased plaintiffs. Through intensive investigation, successfully refuted the plaintiffs’ witnesses' testimony, resulting in the dismissal of the case against the client.
Successfully obtained summary judgment dismissal of the action with prejudice. After the client, a distributor of automotive products and solvents, made a prima facie showing of entitlement to summary judgment based on indemnity agreements and pass-through liability theory of defense, the plaintiff failed to demonstrate that the client had any independent liability for which it was not entitled to indemnification from the product manufacturer(s).

Prior Experience

Damon Morey LLP, Managing Partner

Selected Community Activities

Evans Scholarship Foundation, Director
Kaleida Health System, Quality Committee Member
Buffalo Renaissance Foundation, Former Board of Directors President
Kaleida Health Foundation, Former Board of Directors Chair

Selected Honors

The Best Lawyers in America®: Mass Tort Litigation/Class Actions – Defendants, 2012–2024; Product Liability Litigation – Defendants, 2015–2024; Buffalo "Lawyer of the Year": Mass Tort Litigation/Class Actions – Defendants, 2019
Selected to Super Lawyers Upstate New York: Personal Injury – Products: Defense, 2007–2023; Top 50 Upstate New York Lawyers, 2019
Buffalo Business First, Legal Elite Leaders of Western New York, 2013–2020; Western New York Power 250, 2013–2022
Daily Record, Power 50 Law List, 2021

Selected Media

Buffalo Business First, "Corey Auerbach Takes Over as Managing Director at Barclay Damon"
Managing Partner Forum, “Make Mid-Sized the Right Size”

Overview Experience Knowledge

Georgetown University Law Center, JD
Dartmouth College, BA

New York

US District Court for the Northern District of New York
US District Court for the Western District of New York

Alerts

EPA Lists Two New "Forever Chemicals" Under CERCLA

NYS Governor Hochul Announces Final RFP for New Certified Community Behavioral Health Clinics

The Second Department Affirms Successful Storm in Progress Defense of Slip and Fall Case

The New York FY 2025 Budget – CDPAP FIs Under Threat

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Anderson, Beauchamp, Murray, Angeles, Monegro, and Bullock—Targeting Businesses in Recent Flurry of Lawsuits

Updated Bulletin on Tracking Technologies in the Health Care Industry

View All Alerts

Featured Industries

New & Emerging Industry Practice Areas

Practice Areas

PeterMarlette

He | Him | His

Partner

"Law was the closest thing to sports that I could find. Preparation, dedication, teamwork, and a desire to win; it's made for a great career."

Biography

Bar Associations

Selected Memberships & Affiliations

Representative Experience

Prior Experience

Selected Community Activities

Selected Honors

Selected Media

Education

Practices & Industries

Admitted to Practice

Court Admissions

Featured Media

Alerts

EPA Lists Two New "Forever Chemicals" Under CERCLA

Alerts

NYS Governor Hochul Announces Final RFP for New Certified Community Behavioral Health Clinics

Alerts

The Second Department Affirms Successful Storm in Progress Defense of Slip and Fall Case

Alerts

The New York FY 2025 Budget – CDPAP FIs Under Threat

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Anderson, Beauchamp, Murray, Angeles, Monegro, and Bullock—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Updated Bulletin on Tracking Technologies in the Health Care Industry

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