Smith Stratton

Patrick J. Dwyer

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Patrick J. Dwyer


  • Insurance Coverage Litigation
  • Medical Malpractice and Medical Device Litigation
  • Health Care
  • Toxic Tort Litigation
  • Commercial Litigation


New Jersey and U.S. District Court, District of New Jersey
New York and U.S. District Court, Southern and Eastern Districts of New York
U.S. Court of Appeals, Second Circuit
U.S. Supreme Court


Patrick J. Dwyer, a partner in the firm, joined Smith, Stratton in 2003, with extensive trial and appellate experience garnered since 1981. He is New York trial counsel for a Fortune 200 manufacturer for all of its toxic tort claims. Pat has developed an expertise in handling complex insurance coverage matters, including acting as national counsel for an insurer for breast implant and tobacco claims. He has represented insurers’ interests in many asbestos coverage matters, as well as employment discrimination, environmental damage and latex exposure coverage claims. He has represented prevailing parties in reinsurance arbitrations.

Pat's work includes significant health care law experience advising hospitals and staff in institutional credentialing matters and in professional licensure proceedings before state agencies. He is a regular lecturer for the New York State Society of Anesthesiologists and has been a frequent guest commentator on Court TV and on the editorial advisory board of the Journal of Anesthesia Malpractice Prevention.

Pat’s experience includes the successful trial defense of numerous products liability (including benzene, formaldehyde and fen-phen), toxic tort, medical malpractice, medical devices, general negligence, intentional torts, serious personal injury, wrongful death and property damage claims. He has also handled complex commercial claims at trial and in arbitration before the New York Stock Exchange and American Arbitration Association.


J.D., Fordham University Law School, 1980
M.S., Fordham University, Graduate School of Arts & Sciences, 1977
B.S., Fordham College, 1975


  • New York State Bar Association
  • American Bar Association
  • Defense Research Institute


  • Foster Wheeler, LLC v. Affiliated FM Ins. Co., 27 Misc. 3d 1223A (N.Y. Sup. Ct., 2010);
  • Appalachian Ins. Co. v. Gen. Elec. Co., 8 N.Y. 3d 162 (2007);
  • Byrne v. Times Square Dist. Mgmt. Assn., 2005 U.S. Dist Lexis 9856 (S.D.N.Y. May 25, 2005);
  • Ifraimov v. Phoenix Indus. Gas, LLC, 4 A.D. 3d 332 (N.Y. App. Div. 2d Dep’t. 2004);
  • Yale Univ. v. CIGNA Ins. Co., 224 F. Supp. 2d 402 (D. Conn. 2002);
  • Galgano v. Sciarra, 289 A.D. 2d 375 (N.Y. App. Div. 2d Dep’t. 2001);
  • Gilroy v. McCarthy, 254 A.D. 2d 325 (N.Y. App. Div. 2d Dep’t. 1998);
  • Maryland Cas. Co. v. W.R. Grace & Co., 128 F. 3d 794 (2d Cir. 1998);
  • Ins. Co. of North America v. Gould, 1994 Ohio App. LEXIS 3360 (Ohio Ct. App. July 28, 1994);
  • Carlough v. AmChem, 153 F.R.D. 314 (E.D.Pa. 1993);
  • Humphrey v. Jewish Hosp & Med Ctr., 172 A.D. 2d 494 (2d Dep’t. 1991);
  • Avondale Industries, Inc. v. Travelers Ins. Co., 774 F. Supp 1416 (S.D.N.Y. 1991) aff’d 887 F.2d 1200 (2d Cir. 1989);
  • Humphrey v. Jewish Hosp. & Med. Ctr., 172 A.D. 2d 494 (N.Y. App. Div. 2d Dep’t. 1991);
  • Morales v. City of N.Y., 70 N.Y. 2d 981 (1988).