Patrick C. Gilmartin

Patrick C. Gilmartin

Member
 

Patrick C. Gilmartin is a Member of the Sills Cummis & Gross Litigation, Mass Tort and Product Liability Practice Groups. His practice focuses on complex product liability and mass tort/toxic tort suits with a secondary focus on employment law matters. Mr. Gilmartin has extensive experience in federal and state litigation and private arbitration involving foreign sovereign governments, medical device and food manufacturers, major municipalities and constituent agencies, public benefit corporations, as well as military contractors and health care companies. He has appeared as trial counsel and lead counsel before federal district courts within New York City and has argued before arbitral tribunals sitting overseas. In an advisory capacity, Mr. Gilmartin has evaluated proposed regulatory changes for major corporations; has counseled management on employment-related issues; and has kept governments, private businesses and insurers abreast of federal, state and local legislative and regulatory developments that impact litigations to which they are party.

Mr. Gilmartin has held key roles in defending medical device and food manufacturers, military contractors and major municipalities from mass tort/toxic tort claims. In such matters, he has handled all phases of discovery, class certification hearings and dispositive motions.

In the employment law sphere, Mr. Gilmartin has handled a wide range of matters, including defending suits brought under Fair Labor Standards Act (FLSA), Equal Pay Act, Title VII, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA) and related causes of action. He has appeared in employment cases as lead counsel in federal and state courts, as well as before the New York State Division of Human Rights. He has also delivered advice to clients on minimizing risk and litigation exposure in the employment context, including on federal and state WARN Acts.

In the pro bono sphere, Mr. Gilmartin’s successes include representing veterans appealing denial of benefits; victims of domestic violence pursing restraining orders; and parents accused of child abduction seeking to retain custody of children in federal suits under Hague Convention.

Before joining the Firm, Mr. Gilmartin practiced at Locke Lord and Patton Boggs. He also served as Law Clerk to the Honorable Katharine S. Hayden, United States District Judge for the District of New Jersey. In addition, he completed a period of service at the New York City Law Department’s Labor & Employment Law Division, where he appeared extensively in the U.S. District Courts for the Southern and Eastern Districts of New York.

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Representative Matters

  • Defended second-largest dialysis provider in United States in a consolidated litigation alleging multi-plaintiff personal injury on medical malpractice and fraud theories, as well as in related MDL.

  • Obtained no-cause jury verdict after a July 2014 federal trial (E.D.N.Y.) in which a high-profile former public official was sued for failure-to-promote on race discrimination grounds under Title VII of Civil Rights Act of 1964, and New York State and City Human Rights Laws. Prior to the trial, Mr. Gilmartin wrote and argued an extensive set of evidentiary motions which resulted in the preclusion of a slew of potentially prejudicial evidence at trial.

  • Acted as co-lead counsel to offshore company in a London-seated arbitration against a foreign sovereign government based on contractual, tort and fraud claims, and involving issues of sovereign immunity, and English and U.S. law.

  • Defended City of New York and over 150 contractors against claims relating to the debris removal and cleanup activities at World Trade Center site after the 9/11 terrorist attacks.

  • Prevailed after briefing and arguing partial motion to dismiss federal discrimination and retaliation lawsuit against multiple defendants (E.D.N.Y.).

  • Served on core team defending military contractor against claims of genocide and other human rights violations. Drafted motions, developed document review protocol and managed document review.

  • Conducted in-depth analysis of proposed regulatory changes and public comments to set of EPA regulations for major Bermuda-based reinsurer client.

  • Monitored legislation in U.S. Congress and state and municipal legislatures relating to central issues in major consolidated litigation; attended and reported to clients on congressional, state and municipal hearings relating to case-relevant issues.

  • As part of engagement, reconstructed history of company’s performance under contract where ownership of client had been contested. In course of investigation, conducted electronic and paper document collections, designed review protocol and review pane, analyzed and assimilated thousands of documents, synthesized chronology to re-create facts and carried out contentious and non-contentious witness interviews.

  • Acted as co-lead counsel in appeal in 2012 to U.S. Court of Appeals for Veterans Claims over the denial of benefits for a Korean War veteran.