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Profile of Partner:
Kevin R. Gardner
E-mail address: kgardner@connellfoley.com
Phone: (973) 535-0500
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Practice Areas:
Alternative Dispute Resolution
Business Litigation
Crisis Management and Catastrophic Loss
Construction Law
Product Liability and Tort Law
Labor and Employment Law
Bar Admissions:
| 1979 |
State of New Jersey |
| 1979 |
United States District Court for the District of New Jersey |
| 1980 |
United States Court of Appeals for the Third Circuit |
| 1988 |
United States Court of Appeals for the Fifth Circuit |
Biography:
Mr. Gardner has been an active litigator in the federal and state courts for more than twenty-five years, representing clients in a variety of matters, including complex corporate, commercial and construction disputes, class actions, product liability claims, employment restrictive covenant disputes and trade secret litigation. Mr. Gardner has served as lead counsel for clients in connection with catastrophic losses and mass litigation, notably the Port Elizabeth Warehouse Fire, the Texas Eastern Pipeline Explosion, and the Seton Hall University dormitory fire. He has also represents clients and has served as court-appointed liaison counsel in mass product liability litigation.
For over 20 years Mr. Gardner has been an adjunct professor at Seton Hall University School of Law, teaching Civil Litigation in the Federal and State Courts of New Jersey. Mr. Gardner has also served as an instructor at Rutgers University School of Law, and is a faculty member of the National Institute for Trial Advocacy and the New Jersey Attorney General's Advocacy Institute. He is a frequent lecturer on civil practice issues for the New Jersey Institute of Continuing Legal Education, and other organizations, including the Defense Research Institute. Mr. Gardner has served as a court-appointed mediator in more than 100 Superior Court cases pursuant to Rule 1:40. He has also served as an arbitrator by court appointment in the United States District Court for the District of New Jersey. He has served as a member of the New Jersey Supreme Court Committees on Civil Practice and Fee Arbitration.
He is a former Master with the Seton Hall Law School Inn of Court. Mr. Gardner is a member of the International Association of Defense Counsel and Defense Research Institute as well as the Essex County, New Jersey State, and American Bar Associations.
Mr. Gardner is the author of The Impact of HIPAA on Treating Physician Interviews, which appeared in The Metropolitan Corporate Counsel in 2005. He also co-authored the New Jersey law chapter in DRI's Compendium of Unfair Trade Practices.
While attending Seton Hall University School of Law, Mr. Gardner served as Managing Editor of the Law Review and authored a Note, Corporations-Mergers-Long Form Merger for Sole Purpose of Eliminating Minority Interest Constitutes Actionable Fiduciary Breach; Valid Merger Requires Showing of Business Purpose and Entire Fairness, 8 Seton Hall Law Review 712 (1979). Upon graduation he served as Law Clerk to Hon. Robert L. Clifford, Associate Justice, Supreme Court of New Jersey. In 1980 Mr. Gardner joined Connell Foley LLP and became a partner in 1987.
Representative Experience:
- In Re Durham Woods Litigation. Counsel for pipeline company in natural gas transmission line explosion and fire that destroyed 228 apartment units, resulting in over 1200 lawsuits and claims, with respect to the civil litigation as well as the criminal, NTSB and OSHA investigations.
- In Re Port Elizabeth Warehouse Fire Litigation. Counsel for public utility in $195 million fire litigation.
- PPA Litigation. Counsel for pharmaceutical manufacturer in product liability class actions and 110 individual cases, court-appointed defense liaison counsel.
- Seton Hall University Dormitory Fire. Counsel for University with respect to OSHA, regulatory and criminal investigations, as well as civil litigation arising from dormitory fire that resulted in multiple fatalities and dozens of injuries.
- Bergenfield Apartment Explosion and Fire. Counsel for utility in multiple fatality natural gas explosion.
- Ultra Additives Chemical Plant Fire. Counsel for chemical company as to cause and origin, environmental and OSHA investigations, as well as insurance issues in connection with chemical plant fire.
- In Re PSE&G Derivative Shareholder Litigation, 320 N.J. Super. 112 (Ch. Div. 1998). Counsel for corporation in shareholder class action.
- Geraci v. Gaitway Farm, Inc. Counsel for stable owner in barn fire that destroyed 21 standardbred racing horses with respect to civil litigation and insurance issues.
Education:
- Lehigh University (B.A., 1976)
- Seton Hall University (J.D., 1979)
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