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Attorneys : Biographies |
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Michael B. Powers -
Partner, Buffalo Office
Practice(s): Commercial Litigation; Contract, Warranty and Fraud Claims; Products Liability
P: (716) 847-5417
email: mpowers@phillipslytle.com
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| Mr. Powers practices primarily in the areas of commercial litigation and product liability defense. In the commercial area, Mr. Powers handles a variety of matters involving contract and warranty claims, fraudulent trade practices and other business related disputes. He also provides services in the areas of prelitigation strategic planning, counseling to businesses concerning methods of avoiding litigation and alternative dispute resolution. |
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| Admitted to Practice: |
All New York Courts
Supreme Court of the United States
U.S. District Court, Northern, Southern and Western Districts of New York
U.S. District Court, Northern District of California Pro Hac Vice
U.S. District Court, Eastern District of Louisiana Pro Hac Vice
U.S. District Court, Western District of Pennsylvania Pro Hac Vice
U.S. District Court, Eastern District of Wisconsin Pro Hac Vice
U.S. Court of Appeals, Second and Seventh Circuits
State of California Superior Court, Tulare County Pro Hac Vice
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| Education: |
Western New England College School of Law, J.D., summa cum laude, 1982
Niagara University, M.A., 1979
St. Bonaventure University, B.A., 1975
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| Publications: |
- Co-Author: “Does Your Company Have Insurance for Y2K Remediation Expenses?”, Update, (Phillips Lytle Newsletter), April 2000
- “A Tribute to Hon. Matthew J. Jasen”, 35 U.B. L.Rev. 23 (1986)
- “Agreement to Indemnify Implied in a Commercial Lease – An Analysis of Future Implications”, 3 WNEC L.Rev. 353 (1980)
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| Professional Associations: |
- New York State Bar Association, Special Committee on Federal Legislative Priorities
- Bar Association of Erie County, Former Director; Past Chairman Appellate Practice Committee; Past Chairman Judiciary Committee
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| Present Activities: |
- Phillips Lytle Leadership Council, Public Affairs, Co-Chair
- Make-A-Wish Foundation of Western New York, Inc.; Legal Counsel; Chairman Galas 2000, 2006, 2007, 2008
- The Historical Society of the Courts and the State of New York, Board of Trustees
- St. Bonaventure University, Member Gaudete Award Committee
- Clarence Recreation Advisory Committee - Greenprint Land Conservation Project
- Western New York Land Conservancy
- National Rifle Association
- Safari Club International
- Welland and Lime Lake Water Ski Clubs
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| Past Activities: |
- Erie County Sheriff's 21st Century Foundation, Board of Directors and Treasurer
- Erie County Republican Committee, Vice Chairman
- Make-A-Wish Foundation of Western New York, Inc.; Former Member of the Board of Directors; Shooting Star Award, 2005
- Buffalo Inner Harbor Development Corp./Bass Pro Outdoor World, Liaison, 2005
- YMCA of Greater Buffalo, Board of Directors; Past Chairman, Partner With Youth Campaign; Past Chairman, Toast of Buffalo Annual Dinner
- United Way of Buffalo and Erie County -2002 Campaign, Attorneys Division, Co-Chair
- Buffalo Philharmonic Orchestra, Chairman Legal Division Fund Drive, 2000
- Erie County Environmental Management Council, Chairman, 2000-2004
- Erie County Environmental Education Institute, Former Director
- National Multiple Sclerosis Society, Western New York/Northwestern Pennsylvania Chapter, Former Director
- Clarence Little League Football Assn., Founder and Past Commissioner
- Coalition of Food Industry Counsel, Founding Member
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| Representative Cases: |
- Huron Group, Inc. v. Pataki, 5 Misc. 3d 648, 785 N.Y.S.2d 827 (2004), aff'd, 23 A.D.3d 1051, 803 N.Y.S.2d 465 (4th Dep't 2005)
- Giambra v. New York State Thruway Authority, No. 06-0002172 (Sup. Ct., Erie Co. 2006)
- Schafler v. HSBC Bank USA, 23 A.D.3d 1083, 803 N.Y.S.2d 924 (4th Dep’t 2005)
- Catalano v. Marine Midland Bank, 303 A.D.2d 617, 756 N.Y.S.2d 770 (2d Dep’t 2003)
- Felle v. W.W. Grainger, Inc., 302 A.D.2d 971, 755 N.Y.S.2d 535 (4th Dep’t 2003)
- Marine Midland Associates L.P. v. HSBC Bank USA, 1 Misc. 3d 912(A), 781 N.Y.S.2d 625 (2003), aff’d, 13 A.D.2d 1234, 787 N.Y.S.2d 194 (4th Dep’t 2004)
- Herman v. Marine Midland Bank, 207 F.R.D. 26 (W.D.N.Y. 2002)
- People v. Whipple, 97 N.Y.2d 1, 760 N.E.2d 337, 734 N.Y.S.2d 549 (2001)
- People v. Hernandez, 70 N.Y.2d 833, 517 N.E.2d 1328, 523 N.Y.S.2d 442 (1987)
- People v. Shaffer, 66 N.Y.2d 663, 486 N.E.2d 823, 495 N.Y.S.2d 965 (1985)
- People v. Snyder, 129 Misc. 2d 137, 492 N.Y.S.2d 890 (1985)
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| Judicial Clerkship: |
- Confidential Law Clerk to Senior Associate Judge Matthew J. Jasen, New York Court of Appeals, 1982-1984
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| Honors & Awards: |
- Listed in The Best Lawyers in America®
- Selected for the Upstate New York Super Lawyers list, 2007-2009
- Make-A-Wish Foundation of Western New York, Inc., Shooting Star Award, 2005
- St. Bonaventure University, Guadete Medal, 2006
- Leadership Buffalo Values Awards, Openness to Change Award, 2007
- Working for Downtown, Membership Recognition Award, 2007
- Listed in Who's Who In Law, Business First of Buffalo and Buffalo Law Journal
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Trial Experience:
Mr. Powers has tried various matters in New York State, Federal, County, City and Justice Courts and in Federal Courts in New Orleans, Pittsburgh, and San Francisco.
- Rich Products Corp. v. Aetna Casualty & Surety Co., New York State Supreme Court; obtained $21.3 million verdict, 2002
- Century Graphics Corporation v. Harris Graphics Corp. and Harris Corp., Case No. 86-5375, Hon. Martin L.C. Feldman, United States District Court, Eastern District of Louisiana
- U.S. Concord, Inc. v. Harris Graphics Corp., Case No. C89-4003SAW, Hon. Stanley A. Weigel, United States District Court, Northern District of California
- Triangle Circuits, Inc. v. Control Techniques Drives, Inc., Case No. 95-1887, Hon. Gary L. Lancaster, United States District Court, Western District of Pennsylvania
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