Our Successes

While decades of successes by the attorneys of Coughlin & Gerhart and the firm’s history of achieving results for our clients cannot be summarized in just a few pages, below we have assembled a few points to provide you with a representative sample of just some of our successful or otherwise noteworthy cases, accolades, experience, and history of building relationships on results for our clients.

Business & Banking Law

Coughlin & Gerhart has been ranked by U.S. News & World Report as a “Tier 1” law firm in its Best Lawyers®-“Best Law Firms” regional ranking in the area of Banking and Finance Law.
Lead counsel for lender on a $57 million credit facility with other participating lenders for a large scale apartment complex in Ithaca, New York.
Lead counsel for lender on a $20 million, 14-acre student housing complex in Oneonta, New York.
Represented lender on a $4.5 million commercial mortgage for a summer camp operation.
Lead counsel for lender on a $15 million construction mortgage loan on a 96-unit building with other participating lenders in Liverpool, New York.
Counsel for lender on $6 million construction loan financing for a student apartment project in Binghamton, New York.
Represented lender in an $8.85 million hotel acquisition.
Served as lender counsel for $6.1 million financing for capital expenditures of a recycling company and nine affiliated companies.
Represented lender on a $4.4 million commercial mortgage loan for refurbishment of 33,000 square foot medical office building.
Counsel for lender in $5 million secured financing for local manufacturing facility.
Successfully represented primary lender in an $87 million Chapter 11 Bankruptcy filing by its customer, including preservation of lender’s First Secured Position with borrower and successor entities.

Labor & Employment Law

Coughlin & Gerhart is recognized as one of the pre-eminent New York law firms in the area of Labor & Employment Law. Several of our attorneys have been named by their peers for inclusion in the Best Lawyers in America and Super Lawyers publications.
Coughlin & Gerhart‘s Labor & Employment attorneys helped establish the New York State Bar Association’s Labor & Employment Law Section and have served in leadership positions on the Section’s Executive Committee, including Chair Emeritus and Chairman.
Coughlin & Gerhart‘s Labor & Employment attorneys represent a number of large and small private sector employers, including manufacturers, distributors, publishers, service companies, and contractors. Our attorneys have significant experience dealing with trade unions, OSHA, the state and federal Departments of Labor and the Workers Compensation Board.
Coughlin & Gerhart’s Labor & Employment attorneys have argued and won a number of important appeals for their clients before New York state and federal courts. These appellate wins include two recent decisions from the New York Court of Appeals which made new law and are now widely cited by other attorneys and courts.
Coughlin & Gerhart’s Labor & Employment attorneys represent scores of counties, cities, towns, and villages across New York State in all areas of labor management, to include grievance disputes, the discipline of employees, and the defense of police and fire “General Municipal Law Section 207” disability claims.
Coughlin & Gerhart’s Labor & Employment attorneys have negotiated hundreds of collectively bargained agreements for public and private sector management clients and handle all phases of grievance arbitration.
Our attorneys also regularly appear before the National Labor Relations Board, Public Employment Relations Board, Equal Employment Opportunity Commission, New York State Division of Human Rights Division, and other state and federal administrative agencies.

Litigation & Trial

Due to strict confidentiality agreements or client preferences in some cases, we are unable to report some of our other successes for additional figures or examples in certain practice areas and categories, but the following is a small sampling of some of our successes.

Have argued and won a number of important cases and appeals for clients before New York state and federal courts, including but not limited to the New York Court of Appeals and the U.S. Court of Appeals for the Second Circuit.
Two recent appellate wins include two decisions from the New York Court of Appeals which created new law in the area of Labor and Employment Law and are now widely cited by other attorneys and courts.
Obtained $435,000 arbitration award in an Intellectual Property matter for a company whose trade secrets were stolen by a would-be business partner.
Secured $325,000 verdict in a Professional Negligence matter against accounting firm that failed to detect the theft of a bookkeeper, which led to a company’s bankruptcy.
Regularly represent lenders in Bankruptcy on successful motions for relief from automatic stays, on reaffirmation agreements, and other bankruptcy motions to enforce their rights and recover collateral and past due funds.
Defended and negotiated favorable results for numerous lenders/creditors accused of violating bankruptcy stays after inadvertent communication with debtors.
Successfully represented primary lender in an $87 million Chapter 11 Bankruptcy filing by its customer, including preservation of lender’s First Secured Position with borrower and successor entities.
Regularly represent individuals, businesses, and lenders in all phases of collection and judgment enforcement, including bankruptcy, judicial sales, and foreclosure.
Regularly obtain favorable resolutions for organizations involved in a wide range of conflicts, including disputes with other businesses over the terms of sales contracts, accusations of unfair competition, breach of contract claims, contractor and subcontractor disputes, and other conflicts that arise between businesses.
We also regularly advise businesses in response to internal disputes, including partnership disputes, shareholder disputes, employer-employee issues, and other matters that affect the operations of a business.
Represent and defend businesses and individuals receiving subpoenas for documents and information to minimize their costs and protect their rights.
Regularly obtain favorable settlements and resolutions in Estate & Wills Dispute Litigation matters, with attorneys who regularly appear before the Surrogate’s Court.
Have represented numerous clients to favorable resolutions in copyright and patent infringement litigation, trademark litigation, computer software piracy, and other litigation involving Intellectual Property.
Regularly represent and obtain favorable resolutions for individuals, lake and property owner associations, lenders, and title insurance companies, in all kinds of complicated and serious Real Estate disputes, including sales contract disputes, easement and boundary line claims, unresolved lien issues, and other title problems
Also see our “Accidents & Personal Injury” section and other sections on this page for other types of “Litigation & Trial” successes not listed here.

Accidents & Personal Injury

Due to strict confidentiality agreements or client preferences in some cases, we are unable to report some of our other successes for additional figures or examples in certain practice areas and categories, but the following is a small sampling of some of our successes.
Defective Products
- $4.9 million verdict for a worker whose arm was amputated in a conveyor.
- $1.4 million federal verdict for a worker whose arm was mangled in a plastic pipe making machine.
- $490,000 settlement for a worker whose hand was crushed in a belling machine.
- $450,000 settlement for estate of woman who was ejected from her car in a collision when the seat back failed.
Property Liability
- Confidential settlement obtained against recreational facility (negligence) for substantial injuries to hip and spine to child injured during a basketball practice.
- $1.7 million verdict for a child who sustained a brain injury when a slide at a campground fell on him.
- $1.6 million settlement against a major municipality that negligently maintained a bridge which collapsed.
- $1.23 million jury verdict following a 7-day trial for a woman injured in a property negligence case.
- Confidential settlement against retail store for injury to back necessitating surgery as a result of failure to remove obstacle on floor causing patron to trip.
- Confidential settlement for broken wrist to 67 year old woman after she slipped on foreign substance at restaurant and evidence demonstrated that restaurant was aware of a recurring condition caused by customer spills.
- $489,000 verdict for an 83-year-old woman who suffered severe injury due to the failure on the part of an assisted living center to provide emergency lighting
- $550,000 net recovery after settlement for a 45 year old man who slipped on carpeting that was improperly shampooed.
- $280,000 settlement for 54 year old woman who slipped on ice outside of a restaurant after ice constantly accumulated as a result of snow melt from overhang.
- $236,000 verdict for 87 year old woman with macular degeneration who fell down basement stairs resulting in fractured hip, fractured leg and rotator cuff tear.
- $155,000 settlement for 41 year old woman who slipped on landlord’s untreated sidewalk, sustaining a fractured ankle.
- $102,000 settlement for a 62 year old man who fell down stairs and fractured his ankle.
- $80,000 settlement for a woman thrown from a horse, which resulted in a separated shoulder.
Medical Malpractice
- Confidential settlement obtained against hospital (medical negligence) for substantial injury to patient who sustained a severe anoxic brain injury on the psychiatric floor.
- $2.2 million settlement for a child whose pediatrician failed to diagnose a benign, operable brain tumor for 7 years leading to severe cognitive deficits.
- $2 million settlement for a child who suffered brain damage during birth due to lack of timely intervention by medical personnel.
- $1.7 million verdict for the estate of a wife and mother discharged from the hospital with a life-threatening disease which, in fact, took her life.
- $1.7 million verdict against a surgeon and hospital responsible for leaving a sponge in a patient causing severe infection.
- Achieved a confidential resolution for our client in a matter involving an undiagnosed blood clot that ultimately caused a lower leg amputation.
- $600,000 settlement for a police officer damaged during an abdominal operation.
- $500,000 settlement for a new mother who sustained an undetected fourth-degree laceration during childbirth.
- $475,000 settlement for 40 year old woman injured after improper placement of screws around discs during back fusion surgery.
- $425,000 verdict for a woman who was damaged during a botched gallbladder operation.
- $325,000 settlement for misdiagnosed and improperly treated heart attack in 68 year old woman.
- $255,000 settlement for client due to the misdiagnosis of a severe spinal disc injury.
- $160,000 settlement for a female patient seduced by the doctor who was treating her for depression.
- $150,000 settlement due to removal of the wrong thyroid gland in 54 year old woman.
Vehicle Accidents
- $1.4 million settlement for young woman who sustained permanent brain damage as a result of a motor vehicle accident.
- $825,000 settlement for serious spine injury in a motor vehicle accident.
- $800,000 policy limits settlement for young lady who sustained personal injuries in a motor vehicle accident, and also lost her mother and younger brother in same accident.
- $525,000 settlement obtained from trucking company that caused injury to client/motorist on highway following crash, resulting in low back surgery and injury to both knees.
- $500,000 policy limits settlement for 55-year-old woman who was crushed between two parked cars, which were struck by a farm tractor.
- $500,000 settlement for a rear seat passenger who suffered a fractured pelvis and head injuries from a car accident.
- $325,000 for the wrongful death of a retired grandmother.
- $325,000 settlement for wrongful death of a teenage passenger.
- $250,000 settlement for the estate of an 18-year-old passenger killed by the driver’s negligence.
- $250,000 policy limits settlement for the death of a father of five whose motorcycle was struck head-on.
- $250,000 settlement for pedestrian struck in crosswalk by car that resulted in fractured pelvis and femur.
- $235,000 settlement for a 42-year-old man whose car was struck head-on and suffered significant ankle and foot injuries.
- $225,000 settlement for a disabled bus passenger for neck injuries suffered when the special county-run bus she was riding overturned.
- Jury verdict for $127,000 to two teenagers who suffered low back injuries as a result of a rear-end collision.
- $80,000 settlement for a 45 year old woman involved in a car accident resulting in a non-displaced fracture of wrist.
Labor Law Violations
- $950,000 settlement for the estate of an asbestos worker who was killed when a crane operator dropped a beam on him.
- $540,000 settlement obtained against the State of New York for spinal injury sustained by iron worker knocked off bridge abutment during highway construction.
- $540,000 settlement plus waiver of workers’ compensation lien for torn meniscus from ladder fall.
- $500,000 settlement plus waiver of compensation lien for a worker seriously injured when an unshored brick wall fell on him.
- $485,000 settlement for worker who fell off a roof and severely fractured his ankle. Recalcitrant worker defense defeated.
General Personal Injury
- $101,000 settlement to 21 year old college student who suffered fractured teeth after being punched by another student.

Oil & Gas Law

Successfully negotiated multiple oil and gas leases and pipeline easements on behalf of landowner clients with large oil and gas companies (including but not limited to Cabot Oil & Gas Corp, Talisman Energy, Southwestern Energy, WPX Energy, Williams Field Services Company, Central New York Oil and Gas Company, Bluestone Pipeline Company, and SW Gathering, LLC) to meet the individual needs and objectives of our clients. Our firm exclusively represents landowners on oil and gas issues; we do not represent the oil and gas industry.
Successfully prevailed against several oil and gas companies; (EnerVest Operating LLC; Belden & Blake Corporation; and Chesapeake Appalachia, LLC) attempt to hold onto old oil and gas leases, for failure to pay delay rentals to the landowners. See Wiser, et al. v. Enervest Operating LLC, et al., No. 3:10-cv-00794 (N.D.N.Y. Mar. 22, 2011).
Successfully obtained a judgment from the U.S. District Court for the Northern District of New York, recorded in Tioga County, New York, releasing expired oil/gas leases for group of landowners in a lawsuit on the wrongful use of force majeure. See Beardslee, et al. v. Inflection Energy, LLC, No. 3:12-cv-00242 (N.D.N.Y. Nov. 15, 2012). This case is currently on appeal to the U.S. Court of Appeals for the Second Circuit.
Representing group of landowners in the Norse Energy Bankruptcy to contest the wrongful use of force majeure by the oil and gas company in a matter pending in the U.S. Bankruptcy Court for the Western District of New York. See In re Norse Energy Corp. USA, Debtor, No. 1:12-13685-CLB (Bankr. W.D.N.Y. 2012); Blackman, et al. v. Norse Energy Corp. USA, No. 1:13-01025-CLB (Bankr. W.D.N.Y. 2013).
Experience in representing, as well as coordinating, managing, and working with large numbers of individual landowners to form larger groups in litigation adverse to the oil and gas companies. See Alexander, et al. v. Chesapeake Appalachia LLC and Statoilhydro USA Onshore Properties LLC, Inc., No. 3:11-cv-00308-DNH-ATB (N.D.N.Y. 2011).
Representing clients in eminent domain proceedings related to oil and gas activity.
Our Oil & Gas attorneys have also assisted clients in obtaining releases of expired oil/gas leases pursuant to N.Y. General Obligations Law 15-304.
Our Oil & Gas attorneys have drafted complex real estate deeds to sever mineral interests and subsurface from the surface, and have also led complex estate planning (including entity formation) relating to mineral interests.

Public, Municipal, & Education Law

Assisted real estate developer with a contentious site plan, SEQRA review, and Pilot approval process for large housing complex in Otsego County.
Assisted real estate developer with site plan, and SEQRA review approval process for large housing complex in Broome County.
Provided long-standing and ongoing assistance to several School Districts with capital improvement projects: including the bidding process, contracting process, and NYSED process. This includes pre-referendum process through project closeout.
Provided long-standing and ongoing assistance to a large number of towns, villages, school districts, and fire districts, both with day-to-day business (employment, land use, zoning, local laws, resolutions, use of reserve funds) and special project work.
Provided long-standing and ongoing assistance to a large number of school districts with student, employee, and teacher discipline matters, including litigation of those matters.

Real Estate Law

Updates to our Real Estate successes are coming soon!

Trusts, Estates, & Elder Law

Updates to our Trusts, Estates & Elder law successes are coming soon!

Disclaimer: Prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter, including yours, in which a lawyer or law firm may be retained.