Kevin J. English

Partner
Risk Management Partner

Buffalo
(716) 847-5447
kenglish@phillipslytle.com
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Mr. English has extensive commercial litigation experience, including corporate and contract disputes, as well as business torts. He has tried bench and jury cases in both federal and state courts, and before arbitration tribunals. Mr. English has also used his trial and appellate experience successfully in tort matters, including products liability, workplace accidents, and premises liability.

Additional Areas of Focus

Aviation; Recreational and Sports Injury

Admitted to Practice

  • New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Supreme Court

Honors and Awards

Chambers USA Badge 2022 - English
  • Listed in Chambers USA: Americas Leading Lawyers for Business, 2015-2022
  • Selected for the Upstate New York Super Lawyers® list, 2007-2022
  • 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

Education

  • Southwestern University School of Law, J.D., cum laude, 1984
  • National Institute of Trial Advocacy, 1989
  • Canisius College, B.A., 1981

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
    • Commercial and Federal Litigation Section
    • Trial Lawyers Section
  • New York State Trial Lawyers Association

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)

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