Partner Barry Gerstman is a client-focused, trial attorney who has spent his career defending complex civil litigation matters with an emphasis on construction litigation, product liability, fire and explosion matters, catastrophic injury cases and recall litigation. His clients include manufacturers, distributors and retailers of consumer and commercial appliances, electronic equipment, industrial machinery and heavy equipment, medical products, and children´s products. Mr. Gerstman has significant experience counseling foreign manufacturers involved in U.S. product liability litigation. He serves as national counsel to an international manufacturer of electrical products and to an international manufacturer of consumer appliances. In the construction area, Mr. Gerstman represents numerous owners, design professionals and engineers, general contractors, construction managers and subcontractors in construction defect and workplace injury litigation and serves as regional counsel to several engineering firms. He has several reported decisions on New York Labor Law §§ 200, 240 and 241. He also provides risk-management counseling to corporate clients including vehicle and truck manufacturers.
Mr. Gerstman has authored articles published in the respected Defense Research Institute´s For the Defense, The Voice, Trial Tactics and Product Liability newsletters and has also made presentations on product liability and complex civil litigation matters for the Defense Research Institute and Lorman.
Mr. Gerstman has tried cases to verdict in state and federal courts. He has conducted Daubert and Frye hearings and has written and successfully argued numerous dispositive motions and appeals that have resulted in dismissals in favor of his clients. He was co-lead counsel for a vehicle manufacturer on a notable and highly publicized Frye/Daubert decision where the court precluded the introduction of computer generated crash data to support the alleged feasibility of an alternative design.
- J.D. (1993) Brooklyn Law School
- B.A. (1990) State University of New York at Albany
- New York
- U.S. District Court, (E.D.N.Y.)
- U.S. District Court, (S.D.N.Y.)
- U.S. District Court, (N.D.N.Y.)
- U.S. District Court, (Central District of Illinois)
- Second Circuit Court of Appeals