Thomas M. Gambardella Partner

     

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Tom Gambardella is a member of Wilson Elser’s Executive Committee. In a career spanning more than three decades exclusively at Wilson Elser, he has built an enviable track record involving the defense of professional liability matters with a focus on architects and engineers, employment practices, insurance coverage, agents and brokers, and health care and managed care issues. Accomplished in several areas of law, Tom also handles general liability matters, including the defense of national youth sports programs. 

Throughout his career, Tom has managed a wide variety of national defense programs in connection with architects and engineers, employment practices liability, insurance/annuity and youth sports. His experience litigating thousands of complex professional liability disputes significantly strengthens his roles as litigation counsel and as coverage/monitoring counsel for a number of national professional liability programs. Tom’s knowledge of his craft combined with his familiarity with firm resources allow him to assemble attorney teams with the right skill sets nationwide to meet each client’s individual needs. Clients have come to appreciate Tom’s responsiveness, tenacity and commitment as he manages their legal issues so that they can appropriately focus on advancing their organization’s business objectives.  

Tom has published articles on topics such as “Construction Claims under New York Law” and has lectured at outside seminars as well as clients’ in-house training programs.

Areas of Focus

Professional Liability
The litigation side of Tom’s practice includes trial, arbitration and mediation of a wide variety of architects and engineers, employment practices and miscellaneous professional liability claims, as well as insurance bad faith and recission matters. His coverage/monitoring experience includes policy drafting and interpretation, coverage analysis, claim handling, and defense supervision on behalf of many insurers of professionals.

Tom has defended nationally recognized architects, engineers and owners, as well as their insurers, in a variety of significant litigation and coverage matters, including the design and construction of nuclear power plants, cavity wall construction facade failures, delay claims, and personal injury matters arising under New York Labor Law.

In the employment area, Tom has defended U.S. and foreign corporations, business owners and individuals, as well as their insurers, in single-plaintiff and class action claims of discrimination, sexual harassment, wrongful termination and workplace torts. He has appeared before the Equal Employment Opportunity Commission (EEOC) and numerous state and administrative agencies, and has litigated in both federal and state courts.

General Liability
Tom has managed highly successful national litigation programs for leading youth sports organizations including those affiliated with baseball and football. His assignments involve a wide array of personal injuries, including catastrophic injury; litigation against directors, officers, coaches and volunteers; as well as various tournament issues. The hand-picked national litigation team comprises attorneys familiar with youth sports organizations, whether as administrators, coaches, volunteers or with children in the programs.

Representative Matters

Niagara Mohawk v. Stone & Webster: Design and construction of Niagara Mohawk nuclear power plant 

LILCO v. Stone & Webster
: Design and construction of Shoreham nuclear power plant 

Rochester Institute of Technology v. Hugh Stubbins Assoc.: Masonry façade failure at six-story dormitory 

Stone & Webster v. General Accident Ins. Co.: Declaratory judgment concerning applicable coverages 

Scheller v. Willis Corroon Corp.: Class action employment litigation 

Fuller v. Philips Electronics: Class action employment litigation 

Bellifemine v. Samofi: Purported class action employment litigation 

Green v. Burberry Ltd.: Employment litigation 

Cisco Systems v. Lexington Ins. Co.: Declaratory judgment concerning applicable employment coverage 

Dalton v. Blue Cross Blue Shield: Wrongful death managed care litigation 

Miller v. Prudential: Declaratory judgment concerning applicable health and annuity coverage 

Domalewski v. Little League International: Litigation involving catastrophic injuries