Mr. Gooby represents companies and individuals faced with litigation in a wide variety of business and commercial disputes, consumer product class actions, insurance coverage disputes, products liability and toxic tort claims, construction defect claims, franchise disputes, preliminary injunctions and appeals. Mr. Gooby also counsels clients on commercial agreements and other contracts. Resident in Ansa Assuncao's East Brunswick, New Jersey office, Mr. Gooby litigates cases brought in the federal and state courts of New Jersey and New York, and in other courts throughout the country.
Mr. Gooby is a member of the bars of the States of New Jersey and New York and the District of Columbia. He is also admitted to practice before the Supreme Court of the United States and several federal Circuit Courts of Appeal and District Courts. Mr. Gooby has been specially admitted to represent clients before state and federal courts in California, Delaware, Florida, Nevada, North Carolina, Tennessee and Texas.
Recent Experience:
- Successfully petitioned and secured an appellate victory before the Supreme Court of the United States, which summarily reversed the judgment of the New Jersey Supreme Court that unconstitutionally asserted ‘stream of commerce' personal jurisdiction over a foreign manufacturer sued in a state court products liability action.
- Argued before the Supreme Court of New Jersey and the Superior Court of New Jersey, Appellate Division (twice), on behalf of a British manufacturer sued in a New Jersey state court products liability action, challenging the court's exercise of ‘stream of commerce' personal jurisdiction.
- Successfully argued before the Third Circuit Court of Appeals on behalf of a small telecommunications services company in a breach of contract action resulting in the reversal of the trial court's grant of summary judgment.
- Successfully defended a global hardware distributor in a breach of contract action brought by a Chinese manufacturer/supplier.
- Currently representing an international chemical manufacturer in a multi-plaintiff toxic tort action involving allegations of workplace exposures by workers in a paint manufacturing plant.
- Defended a global electronics manufacturer against consumer fraud and breach of warranty claims in various putative consumer product class action cases.
- Defended a U.S. importer of steel tubing and pipe in a breach of contract action brought by a Chinese steel mill.
- Defended a leading paint manufacturer as national coordinating counsel for all toxic tort litigation stemming from alleged exposures to trace amounts of benzene.
- Successfully argued in opposition to a former franchisee's motion to dismiss a national franchisor's breach of contract complaint for lack of personal jurisdiction of the New Jersey federal court.
- Represented a leading faucet manufacturer in a putative class action case in Nevada federal court in which the plaintiff condominium owners' voluntarily dismissed their claims after receiving the manufacturer's opposition to their class certification motion.
- Represented a national restaurant franchisor in various disputes with franchisees.
- Represented a national hotel chain in various disputes with its franchisees.
- Defended a large religious organization and commercial property owner in consolidated Bronx County and New York County lawsuits involving seven deaths and several gun-shot victims caused by the criminal acts of a mentally disturbed vigilante following a racial protest led by a prominent New York City civil rights activist.
- Obtained a preliminary and permanent injunction against the minister of a Brooklyn, New York church who was deposed by his congregation.
