Tristan D. Hujer

Partner
Buffalo
(716) 504-5728
thujer@phillipslytle.com
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Mr. Hujer is a seasoned trial attorney and appellate advocate, able to craft legal argument and marshal evidence persuasively and concisely. He has tried business and commercial disputes, employer/employee matters, real estate and land use issues, and personal injury cases before juries, judges, and arbitrators. He has also represented clients and receivers in many business divorce and dissolution proceedings. Mr. Hujer works on many high-stakes, complex matters. He is often relied upon to guide organizations and individuals through crisis outside of court.

In addition to his litigation practice, Mr. Hujer represents businesses and individuals operating in New York State’s adult use marijuana and individual hemp industries. Mr. Hujer was one of the first attorneys in the State to represent the cannabis industry.

Admitted to Practice

  • New York
  • Massachusetts
  • U.S. District Court, District of Massachusetts
  • 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

Honors and Awards

  • Named Upstate New York Super Lawyers® Rising Star, 2016-2022

Education

  • University of Maine School of Law, J.D., 2009
  • Alfred University, B.A., cum laude, 2006

Professional Associations

  • American Bar Association
    • Business Law Section
    • Litigation Section
      • Environmental & Energy Litigation Committee
  • Bar Association of Erie County
  • New York State Bar Association
    • Commercial and Federal Litigation Section
    • Trial Lawyers Section
  • New York Cannabis Growers and Processors Association

Representative Matters

Commercial Litigation

  • Kinex Pharmaceuticals, Inc. v. Dyster et al: Represented global cancer-drug developer in billion dollar claims of trade secret misappropriation and breach of fiduciary duty against one of the company’s founders and a major competitor. Case settled on favorable terms against all defendants.
  • FLAX vs. Dr. Flax: Represented a leading fashion designer in trademark infringement litigation. Complete victory and obtained permanent injunction.
  • Kasselman Electric vs. Albany Convention Center Authority: Represented the owner of a major convention center in a multimillion dollar construction delay and breach of contract litigation.
  • Corning Hospital System vs. Realstone: Represented the manufacturer of architectural building stone in defense of a product liability lawsuit. Obtained favorable settlement after moving to dismiss.
  • Paoli v. Vivint Solar: Represented national solar panel provider in commercial litigation. Case settled favorably after discovery.
  • Canterbury Woods vs. Gates Circle Holdings: Counsel to continuing care retirement community in case involving New York State Brownfield Tax Credits. Obtained summary judgment and seven-figure interlocutory money judgment.
  • Siemens Industry, Inc. v Evoqua Water Technologies: Counsel to Siemens in breach of contract and product liability litigation.

Energy Litigation

  • Fuentes and all other similarly situated vs. SFE Energy Massachusetts, Inc.: Represented Massachusetts commercial energy supplier in consumer protection class action. Case settled favorably and avoided class certification.
  • In re: Utility Expense Reduction, Inc.: Represented Massachusetts commercial energy supplier before the Massachusetts Office of Inspector General.
  • In re: NOCO Energy Corporation: Represented energy company in numerous lawsuits.

Environmental Litigation

  • Medaille College vs. PVS Chemicals: Counsel to the College in case involving sulfur dioxide emissions, nuisance, and violations of the Clean Air Act Title V Permitting Program and the National Ambient Air Quality Standards (“NAAQS”).

Labor & Employment Litigation

  • Panaro v. Athenex, Inc.: Trial counsel to global cancer-drug developer in breach of fiduciary duty, breach of contract, and wage and hour matter.

Cannabis

  • Sound Wellness, LLC v. Castetter Sustainability Group, Inc.: Counsel to industrial hemp and Cannabidiol producer in breach of contract litigation.

Past Activities

  • Compeer, Board of Directors
  • Saint Francis High School, Alumni Board of Directors
  • Orchard Park Chamber of Commerce, Board of Directors
  • Buffalo Niagara Partnership BN360, Advisory Board