Kevin C. McCaffrey

Kevin McCaffrey has more than twenty years of experience as a litigator in numerous jurisdictions, specializing in catastrophic injury and death cases primarily in the context of products liability and construction accidents. He has successfully represented both national and global companies in high-exposure cases throughout the northeast US, including diversified product manufacturers and service suppliers for commercial, industrial, defense, and energy markets. Kevin has also advised clients with respect to litigation, regulatory compliance, and enforcement activity in the context of PFAS and other environmental toxins. Kevin has briefed and argued more than one hundred appeals before both state and federal courts.

Kevin has also served as managing attorney on behalf of several companies for asbestos claims pending in New York, New Jersey, Connecticut, Rhode Island, and Massachusetts.

• Coordinated the multi-state defense for several major companies in the context of asbestos litigation.
• Served for more than ten years as regional counsel responsible for implementing and overseeing defense strategy involving hundreds of high-exposure wrongful death cases across multiple jurisdictions
• Successfully argued before the Connecticut Appellate Court that a deceased asbestos plaintiff’s claims should be dismissed due to failure to prosecute.
• Successfully argued before the Second Circuit Court of Appeals that claims against a quasi-government entity sounding in due process and equal protection violations should be dismissed due to failure to comply with federal pleading requirements.
• In a case of first impression, obtained a decision from the Appellate Division, Second Department, which found that where an infant-plaintiff alleges exposure to lead paint in utero medical records are properly discoverable and not subject to the mother’s privilege.
• Won dismissal in the Appellate Division, Second Department, of a severe-injury construction accident case by arguing that the indemnification agreement relied on by the third-party plaintiff contractor was signed and dated only after the accident and should not relate back.
• Won summary judgment on behalf of a major utility in the Appellate Division, Second Department, in a severe-injury trench collapse case by arguing that the work was under the supervision and control of a subcontractor.