Kevin J. English

Of Counsel Buffalo

Kevin is an accomplished trial lawyer with over 30 years of experience in product liability cases and complex business disputes, including insurance and indemnity matters.

Kevin brings seasoned experience to his work with corporate and individual clients, especially in the area of product liability and work place safety. On behalf of his client, Kevin achieved one of the largest product liability verdicts in the State if New York. Having represented both defendants and plaintiffs, Kevin brings a unique approach that insures his clients are thoroughly prepared for all aspects of discovery and trial.

Kevin has also served as the firm’s General Counsel and Risk Management Partner since 2018. In this role, he has gained significant experience in attorney ethics issues and law firm management as it relates to all aspects of risk management, including drafting and enforcing policies and procedures to limit and monitor risk events.

As a qualified mediator in the United States District Court for the Western District of New York, he has conducted successful mediations in tort and commercial matters, in federal and state court cases.

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Honors & Awards

  • Listed in Chambers USA: Americas Leading Lawyers for Business, 2015-2024
  • Selected for the Upstate New York Super Lawyers® list, 2007-2023
  • Listed in The Best Lawyers in America®
  • Recognized as a 2014 BTI Client Service All-Star
  • Listed in Legal Elite of WNY, Business First of Buffalo and Buffalo Law Journal, 2013
Awards & Certifications
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Education & Admissions

Education
  • Southwestern University School of Law, J.D., cum laude, 1984
  • National Institute of Trial Advocacy, 1989
  • Canisius College, B.A., 1981
Admitted to Practice
  • New York
  • U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Supreme Court

<div class="pbrk-before">Experience</div>

Representative Matters
  • National representation of a major commercial/industrial hoist manufacturing company in product liability cases. Obtained multiple summary determinations on grounds of product modification, statute of repose, insufficiency of evidence and insufficiency of expert testimony.
  • Regional representation of a fire suppression company in property and personal injury cases. Obtained successful determinations based on causation, contractual indemnity, warranty and damage limitation provisions.
  • Represented an employer in defense of multiple OSHA citations after a workplace fatality. Obtained dismissal of all citations.
  • Represented a 24-year-old woman who was rendered a C-4 quadriplegic in a workplace accident in which she was crushed by an exercise machine. After an eight week trial, the jury returned a verdict of $65.9 million, which is the largest product liability verdict in Western New York and among the five largest product liability verdicts in the state.
Trial Experience

Mr. English has tried various matters in New York State, Federal, City and Justice Courts.

  • Barnhard v. Cybex International, Inc., Index No.: 2368/2005, New York State Supreme Court, Erie County; obtained $65.99 million verdict (2010).
  • Vengurlekar v. HSBC Bank USA, Case No. 03-Civil-0243, Hon. Laura T. Swain, United States District Court, Southern District of New York, obtained jury verdict/bench decision (2008) in class action alleging fraudulent transfer and ERISA claims.
Representative Cases

Commercial Litigation – Antitrust

  • Discon, Inc. v. NYNEX Corp., 93F.3d 1055 (2d Cir. 1996)
  • Discon, Inc. v NYNEX Corp., No. I-1995-9479, 2000 WL 33312196 (Sup. Ct. N.Y. Dec. 29, 2000)

Commercial Litigation – Corporate Dissolution Matters

  • DiMino v. DeVeaux Services, Inc., 238 A.D.2d 943, 661 N.Y.S.2d 550 (4th Dep’t 1997)
  • In re Can Plant Maintenance, Inc., 270 A.D.2d 829, 705 N.Y.S.2d 454 (4th Dep’t 2000)

Commercial Litigation – Noncompete Employee Disloyalty

  • Buffalo-Niagara Gastroenterology, Pllc v. Gupta, No. 0801679/2015 (Sup. Ct. Erie Cty. Mar. 6, 2015)
  • IDG USA, LLC v Schupp, No. 10-CV-76S, 2010 WL 3260046 (W.D.N.Y. Aug. 18, 2010)
  • Tremco v. Turk, 170 A.D.2d 987, 566 N.Y.S.2d 145 (4th Dep’t 1991)
  • NYSARC, Inc. v Syed, 192 Misc. 2d 772, 747 N.Y.S.2d 327 (Sup. Ct. Chautauqua Cty. 2002)

Contract Litigation

  • Long v. Liberty Mut. Ins. Co., 56 A.D.3d 837, 866 N.Y.S.2d 433 (3d Dep’t 2008)
  • Niagara Falls Water Board v. City of Niagara Falls, 48 A.D.2d 1039, 850 N.Y.S.2d 753 (4th Dep’t 2008)
  • Dowcraft v. Selective Way Ins. Co., 11 A.D.3d 994, 782 N.Y.S.2d 207 (4th Dep’t 2004)

Contract Litigation – Construction and Insurance Matters

  • American Motorists Ins. Co. v. Louis P. Ciminelli Constr. Co., 50A.D.3d 1564, 855 N.Y.S.2d 400 (4th Dep’t 2008)
  • Zito v. Occidental Chemical Corp., 259 A.D.2d 1015, 688 N.Y.S.2d 307 (4th Dep’t 1999)
Tort and Products Liability
  • Barnhard v. Cybex International, Inc., 55 A.D.3d 1348, 864 N.Y.S.2d 378 (4th Dep’t 2008)
  • Jackson v. Lehigh Constr. Group, Inc., 299 A.D.2d 836, 750 N.Y.2d 679 (4th Dep’t 2002)

Other

  • Stevens v. Calspan Corp., 292 A.D.2d 809, 739 N.Y.2d 792 (4th Dep’t 2002)
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Speaking Engagements

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  • Presenter, “Reopening Safely: Regulations, Guidelines and Strategies,” COVID-19 Comeback Series, Phillips Lytle Webinar, May 2020
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Activities & Professional Associations

Present Activities

  • United States District Court for the Western District of New York, Mediator Panel, Member
  • Phillips Lytle Risk Management Partner
  • Motion Project, Board of Directors, Chairman

Past Activities

  • Alzheimer’s Association, Western New York Chapter, Former Board Member, Former Vice-President
  • West Seneca Youth Hockey Association, Former Coach; Former Board Member
  • Taste of Buffalo, Former Board Member
  • Co-Editor, New York Litigation Forms, Lawyers Cooperative Publishing, 1995

Professional Associations

  • American Bar Association
    • Law Practice Division
    • Litigation Section
  • Bar Association of Erie County
  • Litigation Counsel of America, Fellow
  • New York State Bar Association
  • New York State Trial Lawyers Association

Articles & Publications

Articles

  • Author, “Risk Management: A Priority for All Businesses,” Rochester Business Journal, July 2022
  • Co-Author, “Navigating New York State’s Treatment of Certificates of Insurance,” Rochester Business Journal, July 2021