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Mediator Resume
John R Downey, Hon.
Profession
Attorney, Arbitrator, Mediator, Retired Judge
Work History
Member, GC Solutions LLC (part time), 2020-2024; Partner, Rome McGuigan, 1993-2001 & 2009-2019; Judge, State of Connecticut, 2001-2009; Of Counsel, Bailey & Weschler, 1992; FDA and Litigation Counsel, Union Carbide Chemicals and Plastics Company Inc., 1989-1992; Litigation Management Attorney, Boehringer Ingelheim Pharmaceuticals Inc., 1985-1989; Trial Attorney, Regnier Taylor Curran & Langenbach, 1978-1985; Temporary Assistant Clerk, 1977-1978, New Haven Superior Court, Connecticut.
Experience
Over 40 years' experience practicing in the legal profession. In April 2001, was appointed as a Connecticut Superior Court Judge. Served for eight years, presiding over thousands of cases. Upon leaving the bench in April 2009, returned to Rome McGuigan as a Partner.
Worked as a partner/ trial attorney with Rome, McGuigan and Sabanosh, P.C. (1993 – 2001), defending medical and legal malpractice cases, as well as prosecuting and defending personal injury and commercial and banking law cases, environmental law and worker compensation cases.
While serving as Counsel at Union Carbide Chemicals and Plastics Company (1989 – 1992), managed litigation throughout the U.S. in areas of products liability and environmental matters. Selected, managed, and supervised outside counsel and coordinated internal discovery. Was FDA counsel and advised the company and its subsidiaries on food and drug matters. Reviewed material safety data sheets for regulatory compliance and coordinated and participated in the in-house program for safety and regulatory compliance.
At Boehringer Ingelheim Pharmaceuticals, Inc. (1985 – 1989), managed litigation, including the selection and supervision of outside counsel, coordinated internal discovery and advised corporate officers about matters involving the pharmaceutical products and medical devices of the company and its subsidiaries, including Roxanne Labs and BI Animal Health. Responsibilities also included environmental lawsuits and employment lawsuits including, sex harassment claims, wrongful discharge claims, employee expense reimbursement claims and assistance on new product and technology acquisitions, as well as advising on FDA, FTC and safety and regulatory concerns, and reviewing of real estate contracts.
At Regnier, Taylor, Curran and Langenbach (1978 – 1984), defended clients insured for automobile, homeowner, and medical and legal malpractice claims for various insurance carriers (The St. Paul Fire and Marine Insurance Co., Pioneer, GEICO, USAA, The Hartford, UTICA). A smaller portion of practice involved worker compensation, real estate law and contract law.
While most of the professional career was a mix of litigation and commercial law experiences, a number of AAA cases ( about 30%) have involved healthcare matters- including insurance company/service provider- fee reimbursement disputes.
Mediator Experience
Since June of 2009, has worked with parties in over 130 mediations, including (Fall of 2022) the settlement of the largest motor vehicle personal injury jury verdict case in Connecticut Superior Court history. While the $23 million dollar verdict was on a lengthy appeal, interest was running at about $6,000 a day. A key issue was encouraging additional excess carrier participation in the settlement;(6/2009) Fairfield County will contest at probate between family and last care providers in an estate valued at high six figures, with professional conduct issues, favorably mediated without appeal; (10/2009) auto personal injury, about 5% neck and shoulder of master arm to, then, professional athlete, tennis, now psychologist, mediated settlement in low six figures; (11/2009) trip and fall, premises liability to 50+ female, who tripped and fell due to poor lighting as she exited workplace still under construction, difficult worker compensation issues with 15% to lower back over pre-existing, favorably mediated in low six figures; (11/2009) auto rear-ender on interstate, minor collision with no causational expert and over $240,000 in specials, not resolved; (11/2009) auto accident, additur or re-trial and mediated for settlement of trial court additur; (12/2009) new construction , home owner/builder dispute with million dollar Fairfield County home, with demand over $100,000 mediated to settlement for $12,500.
During eight-year tenure on bench as a Trial Judge, pre-tried and mediated hundreds of cases. Types of disputes included: home construction disputes (15-17); NASD securities disputes (3); employment non-compete cases (5-7); real estate zoning planning - commercial projects (20-40); probate appeals (6-10); municipal tax appeals (10-15); and licensing and intellectual property disputes (5-10).
E-discovery dispute involved in referral from State court Complex Litigation in 2013 where hedge fund partners disagreed as to compensation. Since there was extensive back and forth over retrieval and authentication of email and, there were many orders made as to search words, topics and time frames of e discovery.
In September of 2021, after 3 days of mediation, helped to settle the largest auto-personal injury case in Connecticut State Court history. Interest was running at $6,000 per day on the $23 million dollar verdict. (Goncalves- Waterbury Superior Court).
Representative Issues Handled as a Mediator
Construction cases - both commercial and residential have included disputes between owner and contractor, general contractor and subcontractors regarding failure to perform and delay damages.
Employment cases - executive compensation disputes, non-compete involving customer lists and "know how" use disputes; sexual harassment; wrongful discharge.
Insurance coverage disputes - personal injury cases for under-insured claims, as well as excess coverage claims.
FINRA-NASD disputes - involving broker dealers and former employees and partner compensation.
Mediator Style & Process Preferences
The mediation process facilitates the settlement of disputed claims and the mediator's role is to encourage voluntary settlement. The mediator promotes fairness, self-determination and mutual respect among the participants. Having a caring sensitive neutral who listens actively to all parties can go a long way to resolving disputes which are often complicated by non-legal or personal issues.
Education
University of South Carolina (JD-1977; MA, International Studies-1975); University of Connecticut (BA, Political Science-1972).
Professional Licenses
Admitted to the Bar: Connecticut (1978), South Carolina (1978-inactive); U.S. District Court: District of Connecticut (1979).
Professional Associations
South Carolina Bar Association; Connecticut Bar Association.
Recent Publications & Speaking Engagements
Co-editor with Bette J. Roth Esq., Chapter 20: Real Estate Arbitration of ADR Practice Guide- 2026; Panelist , "Alternative Dispute Resolution 101, ADR Basics for Beginners", Fairfield County Bar Association 2017;Panelist, "Answers to Basic Questions About ADR", Connecticut Law Tribune, 3/3/14, with Hon.Anne Dranginis and Richard Banbury; "Drafting and Implementing Modern ADR Clauses: How Business Lawyers and Litigators Together Can Get Better Results When a Deal Goes Bad," CT Bar Institute, Inc., 2012; Commentary, CODE OF EVIDENCE, Connecticut Rules of Court, 2000-2026; "Connecticut Trial Lawyers' Guide to Evidence in State and Federal Court," CONNECTICUT RULES OF COURT, West Publishing Co., 1983-99; "Saving and Recovering Money for Your Company Through the Second Injury Fund," THE CORPORATE BAR NEWS, Fall 1992; co-author, "A Proposal for Legislating Employee Drug Testing," CONNECTICUT LAW TRIBUNE, March 30, 1987; "The Practical Effects of Tort Reform on Medical Malpractice, Non-Profit Organization Immunity and Dram Shop," CONNECTICUT BAR JOURNAL, October 1988; co-author, "Termination of Life Support: A Proposal for a Model Act," CONNECTICUT LAW TRIBUNE, June 10, 1985. Speaker, "Role of a Connecticut Judge," Business Law Class, Joel Barlow High School, Spring 2008.
Locations Where Parties Will Not be Charged for Travel Expenses
Compensation
Hourly Rate: $600.00
Daily Rate: Not provided
Study Rate: $600.00/hr
Cancellation: Not provided
Cancellation Period: Not provided
Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.
Languages
English
Citizenship
United States of America
Locale
Acworth, Georgia
