Barry N. Gutterman & Associates, P.C.

26 Hillside Avenue
Goldens Bridge, New York 10526
914-234-7965

Specializing in Transportation, Insurance, and Personal Injury Litigation

 

 

                                ABOUT US

Gutterman & Associates, a Martindale Hubbell AV preeminent rated law firm, offers creative, responsive legal services to clients in the areas of transportation, insurance defense, commercial litigation and personal injury litigation.

   Gutterman & Associates transportation practice encompasses all aspects of land and sea including multimodal movements involving the interplay of the Carmack Amendment and U.S. Carriage of Goods by Sea Act liability provisions.  The firm publishes as a service to the transportation industry the MULTIMODAL TRANSPORTATION REPORT on a periodic basis.

 

   They represent major motor carriers, NVOCC’s, brokers, household goods carriers, and railroads with respect to cargo loss and damage as well as personal injury claims. They act as attorney of record in pending litigation in New York, New Jersey and Illinois State and Federal Courts where they directly conduct all aspects of pending litigation.

 

   Barry’s insurance practice encompasses both coverage questions and direct defense of insureds under policies and he is experienced in the areas of providing direct defense to insureds under applicable policies in the areas of property claims against land and sea carriers, as well as terminal and warehouse operators, liability claims against insurance brokers and adjusters, and various other aspects of insurance defense litigation.

   For matters outside of New York the firm maintains relationships with a network of experienced local counsel. Where issues outside New York are within their particular areas of concentration, and where it would be cost effective to do so, our firm arranges to appear pro hac vice and directly handle depositions, court appearances, trials and appeals.

 

    The firm also has extensive experience in the areas of personal injury defense litigation, representing carriers.

    

   Before forming Gutterman & Associates in 1993, Barry N. Gutterman was a partner with Kroll & Tract for four years.  He was Deputy General Counsel to Metro-North Commuter Railroad between 1986 and 1989, where he acted as legal counsel in general corporate matters, environmental litigation, and personal injury defense matters.  He previously was Assistant General Counsel and Senior Trial Attorney at the Burlington Northern Railroad Company in Chicago, Illinois primarily handling FELA, Safety Appliance, and crossing accident cases for fifteen years.

   While at Kroll & Tract, Mr. Gutterman concentrated on tort litigation for major transportation companies.  These matters involved cargo damage claims, product liability claims, and general commercial litigation.  He also has extensive experience in successfully defending railroads and motor carriers in personal injury cases.

   Mr. Gutterman graduated from John Marshall Law School, Chicago, Illinois.  He earned a Bachelor of Science Degree in Business Administration at Roosevelt University, Chicago, Illinois.

   Mr. Gutterman is admitted before the U.S. District Courts for the Southern and Eastern Districts of New York; the Northern District of Illinois; the District Court of Arizona; the U.S. Courts of Appeal for the Second, Third, Seventh and Ninth Circuits; and the United States Supreme Court.

   Barry is author of the Handbook for the Handling of Freight Loss and Damage Counsel (1985), and author of How to Defend Freight, Loss and Damage Claims, National Association of Railroad Trial Counsel (2002) (2011).

   He is a Past President of the National Association of Railroad Trial Counsel, Illinois Division; Associate member of the Maritime Law Association; a member of the Association of the Bar of the City of New York; Past Chairman of the Conference of Freight Counsel and continuing member; and a member and contributing author for the Transportation Lawyers Association.

   Barry is listed as a top attorney in his practice area in the legal elite section of Avenue Magazine. Those who have received this honor all have received an AV preeminent rating – the highest peer review rating available. In addition, Barry is listed as a top attorney in New York by the Legal Network and is recognized in the American Registry as in the Top 1 Percent of America’s Professionals as an Attorney.

 
 

Notable Decisions

Leading cases personally handled by Barry and reported in Federal Supplement, Federal Reporter, Westlaw and Lexis are:

  • Mecca & Sons Trucking v. J. B. Hunt Transport, 2019 WL 6167930 (D.N.J.)

  • Tryg Insurance v. C.H. Robinson Worldwide, Inc., 2019 WL 1766995 (3d Cir. 2019)

  • Mecca & Sons Trucking v. White Arrow et.al., 763 Fed. Appx 222 (3d Cir. 2019)

  • Capital Logistics v. Gray Transportation, 2017 WL 4803925 (S.D.N.Y.)

  • Starboard Cruise Service v. ABF Freight System, 2017 U.S.Dist. Lexis 23359(S.D Fla. 2017), 2017 WL 696124

  • Choi v. ABF Freight System, 2015 WL 5335686 (D.N.J. 2015) and 2015 WL 6523473 (D.N.J. 2015) & 2015 WL 6523473 (D.N.J. 2015) and Third Circuit affirming the District Court decision in favor of ABF Freight System, 2016 WL 7212154

  • Lewis Brass & Copper v. ABF Freight Systems, 2014 WL 991726 (E.D.N.Y. 2014)

  • Brody v. Liffey Van Lines and Allied Van Lines, 2014 WL 2450807 (S.D.N.Y. 2014)

  • Olympus Dairy v. Pavil v. Sataria, 2013 WL 6493482 (E.D.N.Y. 2014)

  • Frey v. Bekins Van Lines et.al., 2012 U.S. Dist. Lexis 46412 (E.D.N.Y.2012)

  • Hartford v.  Expeditors and Intransit, 2012 U.S. Dist. Lexis 969749, 2012 A.M.C. 1934 (S.D.N.Y. 2012)

  • Nipponkoa v. C.H. Robinson Worldwide, 2011 WL 67174 (S.D.N.Y. 2011)

  • Frey v. Bekins Van Lines, et.al., 2011 U.S.Dist.Lexis 90942 (E.D.N.Y. 2011)

  • Sompo Japan Insurance Co. v. Union Pacific RR, 2012 WL 3044188 (2d Cir. 2010), reversed the previous Second Circuit decision by the U.S. Supreme Court

  • Mitsui v. Union Pacific Railroad, 621 F. 3d 215 (2d Cir. 2010)

  • Hoover v. ABF Freight System, 2008 U.S. Dist. Lexis 32056 (C.D. Ill. 2008)

  • One Step Up v. J.B. Hunt Transportation, 2006 U.S. Dist. 85439 (S.D.N.Y. 2006)

  • Scholastic Inc. v. M/V Kitano et.al., 362 F. Supp. 2d 449 (S.D.N.Y. 2005)

  • Allianz CP Gen. Ins. Co. v. Blue Anchor Line, 2004 WL 1048228 (S.D.N.Y. 2004)

  • Jessica Howard Ltd. v. M/V Sky Light et.al., 2002 U.S. Dist. Lexis 3623 (S.D.N.Y. 2002)

  • LTA Group v. J.B.Hunt Transportation, 101 F. Supp. 2d 93 (N.D.N.Y. 2000)

  • Ferrostaal Inc. v. Union Pacific Railroad, 109 F. Supp. 2d 146 (S.D.N.Y. 2000)

  • Ash v. Artpack v. North American Van Lines, 1998 U.S. Dist. Lexis 3520 (S.D.N.Y. 1998)

  • Summit Machine Tool v. Warren Transport, 920 F. Supp. 722 (S.D. Tex 1996)

  • Eatemad et.al.v. Carolina Freight Carriers, 1996 Federal Carrier Cases 84028 (S.D.N.Y.)

  • Marshburn v. ABF Freight System, N.Y. Appellate Term, First Department (96/80 July 1996)

  • New York Marine & General Insurance v S/S Ming Prosperity and Santa Fe Railway, 920 F. Supp. 416 (S.D.N.Y.1996)

  • Comsource v. Union Pacific Railroad, 102 F. 3d 438 (9th Cir. 1996)

  • Burlington Northern Railroad v. Hyundai Merchant Marine Co., 63 F. 3d 1227 (3d Cir. 1995)

  • Conrail v. Primary Industries, 868 F. Supp. 566 (S.D.N.Y. 1994)

  • Toshiba v. Sea Land and Burlington Northern Railroad, 841 F.Supp. 123 (S.D.N.Y. 1994)

  • Davis Accoustical v. Carolina Freight Carriers, 775 F. Supp 530 (N.D.N.Y. 1991)

  • Norton Spiel Associates v. Carolina Freight Carriers, 1991 Federal Carrier Cases 83610 (E.D.N.Y. 1991)

  • Marine Office of America v. NYK Lines et.al., 638 F. Supp. 393 (N.D. Ill 1985)

ADDRESS

26 Hillside Avenue

Goldens Bridge, New York 10526

Email: bngassc@aol.com
Tel: 914-234-7965

 

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