John Powers is a litigator that advocates for firm clients in complicated civil disputes. While he regularly appears in federal and state court and arbitration to try cases, his goal is always to seek the shortest and most sensible path to resolution.
Mr. Powers’ clients include manufacturers, construction owners and other construction professionals, municipalities, publicly and privately-held corporations of all types, small businesses, and individuals. Among other practice areas, he is experienced in product liability litigation, construction litigation, intellectual property and trade secret litigation, and complex contractual and intra-corporate disputes of all types. Mr. Powers also provides ongoing counsel regarding risk management, dispute resolution and dispute avoidance prior to the emergence of litigation.
Mr. Powers is a court-approved mediator for the Federal District Court for the Northern District of New York, providing assistance to other litigants in resolving their disputes. He also frequently appears as local counsel on behalf of other firms representing out-of-state defendants involved in litigation in Upstate New York.
Mr. Powers previously practiced with the Arent Fox law firm, in Washington, D.C., and served as a federal judicial law clerk for two years for the Honorable Frederick J. Scullin, Jr., United States District Court Judge for the Northern District of New York. Prior to becoming an attorney, Mr. Powers served on active duty in the military as an Army Infantry Officer.
- Obtained summary judgment and defeated subsequent appeal on million dollar delay/disruption construction claim on behalf of municipal client.
- Obtained summary judgment and defeated subsequent appeal on behalf of the State of New York in a multi-million dollar USERRA class action.
- Obtained multi-million dollar jury verdict in federal court in property damages insurance dispute.
- Obtained federal court dismissal for Minnesota manufacturing company based on personal jurisdiction challenge.
- Tried and favorably resolved wrongful death case against municipal client.
- Obtained summary judgment for municipal client in federal court strip search class action.
- Obtained summary judgment for municipal client to defeat multiple race and retaliation §1983 claims by former employee.
- Obtained dismissal of product liability claim for manufacturer for failure to prosecute.
- Obtained dismissal of qui tam action against municipal defendant for improper venue.
- Defeated preliminary injunction motion on behalf of individual defendants by former employer in trade secret litigation.
- Defeated a summary judgment motion brought against a small business in a multimillion-dollar trade secret theft case.
- Obtained summary judgment for municipal client to defeat multiple race and retaliation §1983 claims.
- Obtained a defense jury verdict for a medical device manufacturer on a $26 million tortious interference action tried in federal court in the Western District of Pennsylvania.
- Obtained a summary judgment in the Western District of Pennsylvania which dismissed multimillion-dollar antitrust claims. Successfully defended the verdict on appeal to the United States Circuit Court of Appeals for the Federal Circuit.
- Obtained a defense jury verdict for a municipality in an Equal Pay Act action tried in federal court in the Northern District of New York.
- Obtained a preliminary injunction in federal court on behalf of an energy industry manufacturer to prevent a competitor from utilizing misappropriated technical information obtained from a prior employee.
- Obtained a partial summary judgment on the issue of liability for a design-build contractor on a $1.3 million claim by a subcontractor on a construction project on federal military installation.
- Obtained a defense jury verdict for an individual defendant in a sexual harassment action tried in federal court in the Northern District of New York.
- Obtained a voluntary dismissal of a products liability claim brought against a medical device manufacturer in a wrongful death action (venued in Arizona).
- Litigated various products liability cases in New York, California, Alabama, Texas, Tennessee, Pennsylvania and Connecticut to successful conclusion via settlement.
- Tried an EPCRA environmental penalty hearing for an energy company before an EPA administrative law judge.
- Obtained a dismissal on behalf of a New York manufacturer of a contract/tort action brought by a Washington distributor in federal court in the Western District of Washington.
- Negotiated environmental liability/site remediation settlement on behalf of a manufacturer for underground contamination in Florida.
- Arbitrated a $6.6 million intracorporate dispute on behalf of a municipal health care cooperative.
- Obtained a Yellowstone injunction for a landfill gas recovery and power generation company, preventing a municipality from terminating a landfill gas use leasehold.
- Obtained a summary judgment of non-infringement on a patent infringement claim brought against a New York manufacturer by a German competitor.
- Litigated various Markman hearings in the Western District of Pennsylvania and the District of Colorado.