Kevin R. Gardner

Partner, Roseland Office

85 Livingston Avenue

Roseland, New Jersey 07068

Phone:  (973) 535-0500

kgardner@connellfoley.com

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Representative Experience
Professional Activities
Publications

Kevin R. Gardner has been representing clients in the federal and state courts for more than thirty years in a variety of matters, including complex corporate, commercial, construction and environmental litigation, class actions, product liability claims, employment restrictive covenant disputes, and trade secret litigation. Mr. Gardner has substantial experience handling crisis management issues for clients and coordinates the firm’s Emergency Response Team. 

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 represented clients, and served as court-appointed liaison counsel, in mass product liability and environmental mass tort/MDL litigation.  

Qualified as a mediator pursuant to Rule 1:40, Mr. Gardner has served as the mediator in more than 400 private and court-ordered mediations. He has also served as an arbitrator by court appointment in the United States District Court for the District of New Jersey and as a fee arbitrator by designation of the New Jersey Supreme Court.

For 23 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.” In 2011, Mr. Gardner joined the adjunct facility of Rutgers University Law School, where he teaches “Crisis Management: The Legal Aspects of Crisis Planning, Response and Recovery.” Mr. Gardner has also served as a lecturer at New York University’s Graduate School of Business on the mediation of employment and commercial disputes. He is also a faculty member of the National Institute for Trial Advocacy and a frequent lecturer on civil practice issues and other subjects for the New Jersey Institute for Continuing Legal Education, Defense Research Institute, The Rutgers Institute for Professional Education, the New Jersey Attorney General’s Advocacy Institute and other organizations.

By appointment of the New Jersey Supreme Court, Mr. Gardner has served six terms as a member of the Supreme Court’s Civil Practice Committee.  Since 2002, Mr. Gardner has been selected by his peers to be listed in The Best Lawyers in America (Commercial Litigation). He has also been elected by his peers to be a Fellow of the Litigation Counsel of America.

While attending Seton Hall University School of Law, Mr. Gardner served as Managing Editor of the Law Review. Upon graduation, he served as Law Clerk to Hon. Robert L. Clifford, Associate Justice, Supreme Court of New Jersey. Mr. Gardner joined Connell Foley LLP in 1980.

 

 

 

 

 

 

 

 

Practice Areas:

Alternative Dispute Resolution

Business Litigation

Crisis Management and Catastrophic Losses

Construction Law

Environmental Law

Product Liability and Tort Law

Labor and Employment Law

Subrogation

 

Admitted to Practice:

State of New Jersey

United States District Court for the District of New Jersey

United States Court of Appeals for the Third Circuit

United States Court of Appeals for the Fifth Circuit

 

Education:

Lehigh University (B.A., 1976)

Seton Hall University (J.D., 1979)

 

Affiliations:

American Bar Association

New York State Bar Association

New Jersey State Bar Association

Essex County Bar Association

International Association of Defense  Counsel

Defense Research Institute

 

News:

Ten Connell Foley Partners Named to 2012 Best Lawyers Directory (September 2011)

New York's Best Legal Representation Found at Connell Foley Affirmed by Best Lawyers (December 2010)

Ten Connell Foley Partners Named to 2011 Best Lawyers® Directory (August 2010)

Eight Partners Named to 2010 Best Lawyers® Directory (October 2009)

Gardner, Bauer Presented at USLAW Spring Client Conference (April 2009)

Gardner to Present on Litigation Topics at Four Upcoming Forums (August 2008)

Kevin R. Gardner speaks on "Statutory Immunities (Charitable/Good Samaritan/Landowner)" at the New Jersey Defense Association's Affirmative Defense Seminar

Kevin R. Gardner explains "The Impact of HIPAA on Treating Physician Interviews" in an article published in The Metropolitan Corporate Counsel (2005)

Kevin R. Gardner authors "Restrictive Covenants Under New Jersey Law" (2001)


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, involving an apartment building;

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;

Ford Edison Plant Litigation.  Counsel to environmental consulting firm in investigation by Department of Environmental Protection and civil litigation arising from decommissioning of automobile assembly plant;

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.

Professional Activities

Adjunct Professor, Seton Hall University School of Law

Adjunct Professor, Rutgers University School of Law

Lecturer, New York University Graduate School of Business
Faculty Member, National Institute for Trial Advocacy
Faculty Member, New Jersey Attorney General's Advocacy Institute
Lecturer, New Jersey Institute for Continuing Legal Education
Member, International Association of Defense Counsel
Member, Defense Research Institute
Master, Seton Hall Law School Inn of Court 

Publications

Author, The Impact of HIPAA on Treating Physician Interviews,” The Metropolitan Corporate Counsel
Co-author, New Jersey law chapter in Compendium of Unfair Trade Practices, published by the Defense Research Institute