Kevin R. Gardner

Partner, Roseland Office

85 Livingston Avenue

Roseland, New Jersey 07068

Phone:  (973) 535-0500

kgardner@connellfoley.com

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Publications
Professional Activities
Representative Experience

Kevin R. Gardner has been representing clients in the federal and state courts for more than twenty-five years in a variety of matters, including complex corporate, commercial, construction and transportation related 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 has served as court-appointed liaison counsel in mass product liability litigation.  

 

For over 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. He is also a faculty member of the National Institute of Trial Advocacy and the New Jersey Attorney General’s Advocacy Program. 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 (DRI).  

 

Mr. Gardner has served as a court-appointed mediator in more than 150 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.  

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 (Business Litigation).

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. Mr. Gardner joined Connell Foley LLP in 1980 and became a partner in 1987.

 

 

 

 

 

 

Practice Areas:

Alternative Dispute Resolution

Business Litigation

Crisis Management and Catastrophic Loss

Construction Law

Product Liability and Tort Law

Labor and Employment Law

 

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:

New Jersey State Bar Association

Essex County Bar Association

American Bar Association

 

News:

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)


Publications
Author, The Impact of HIPAA on Treating Physician Interviews,” which appeared in The Metropolitan Corporate Counsel (2005)
Co-author, New Jersey law chapter in Compendium of Unfair Trade Practices, published by the Defense Research Institute

Professional Activities

Adjunct Professor, Seton Hall University School of Law
Faculty Member, National Institute for Trial Advocacy
Faculty Member, New Jersey Attorney General's Advocacy Institute
Member, International Association of Defense Counsel
Member, Defense Research Institute
Former Master, Seton Hall Law School Inn of Court 
Former Instructor, Rutgers University School of Law

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;
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.