Robert P. Firriolo practices in the area of litigation with a concentration in environmental and insurance matters. Mr. Firriolo has handled numerous matters through trials and appeals involving environmental, health hazard and product liability claims against utility, oil, petrochemical, pharmaceutical, manufacturing, retailing and mining companies. He also has handled a variety of complex commercial disputes involving insurers, policyholders, contractors, consultants, manufacturers, small businesses and real estate owners. He currently handles a broad range of complex civil litigation matters for clients across the United States and abroad.

Mr. Firriolo also specializes in civil and administrative matters regarding firearms laws and regulations, representing individuals, clubs, organizations, and businesses such as shooting ranges. He is a referral counsel of the National Rifle Association of America.

Prior to entering the practice of law, Mr. Firriolo was an environmental engineer and project manager for the New York City Department of Environmental Protection.

Mr. Firriolo is admitted to practice in New York and New Jersey and is a member of the New York State Bar Association. He is a 1991 graduate of Brooklyn Law School and a graduate of The Cooper Union School of Engineering.

Areas Of Practice

Insurance Litigation
Complex Civil Litigation
Trials
Environmental

Representative Matters

Long Island Lighting Company v. Allianz Underwriters Ins. Co., et al., 749 N.Y.S.2d 488 (App. Div. 1st Dept., 2002)
In re: Combustion, Inc.
Represented insurer subrogated to policyholder's claims in environmental coverage dispute. Dealt with legal issues related to potentially responsible parties and state and federal environmental regulations. Won summary judgment ruling for client. State of Vermont Agency of Natural Resources v. Stonington Ins. Co., et al.
Negotiated creative "coverage in place" settlement for environmental coverage insurer. This allowed insurer to pay for and participate in initial studies at site while making no admission of coverage responsibility. Also provided for recoupment option tied to ultimate total site costs if remediation became necessary.
Handled insurance coverage matter involving professional liability policy and dispute among project owner and contractors on large transportation project. Used effective advocacy and discovery regarding notice and claims to avoid $15 million in exposure through summary judgment win for client. Southern New Jersey Rail Group v. Lumbermens Mutual Casualty Corp., 2007 WL 2296506 (S.D.N.Y.)
Represented insurance underwriters in environmental coverage dispute over contaminated sites. Won jury trial and court rulings that were affirmed by New York's highest court. This was the seminal case on allocation of damages among insurers of property for successive periods of time in cases of continuous injury. Received a favorable ruling that each insurer is only responsible for a pro rata share of damage caused by its insured during relevant policy periods. Consolidated Edison Company of New York, Inc. v. Allstate Ins. Co., 98 N.Y.2d 208, 746 N.Y.S.2d 622 (2002)
Handled pre-litigation settlement presentation for insurer of oil company in environmental liability matter. Worked closely with environmental consultants to analyze statutory and tort liabilities. Negotiated settlement that discounted more than 90 percent of potential total exposures of $1 billion.
Represented insurer in coverage dispute arising out of lead and zinc mining operations in Oklahoma-Missouri-Kansas region. Negotiated settlement for nominal amount after intensive discovery on the history of mining and smelting operations.
Represented insurer of major national retailer that had allegedly shipped waste to landfills, resulting in exposures under CERCLA, RCRA and various state statutes. Handled investigation and assessment of claims and claims analysis.
Handled a group of environmental coverage cases relating to operations of gas manufacturers. Obtained declaratory judgments regarding pollution coverage obligations.
Negotiated favorable settlement for environmental coverage insurer in case involving multiple sites polluted as a result of manufacturing and landfill uses.
Represented insurer of client that was an oil and waste barrel manufacturer in defense of direct action by a state that sued numerous potentially responsible parties. Was one of several insurers sued by the state, and negotiated settlement for de minimus amount in multi-party litigation involving Superfund site.

Professional Activities

New York State Bar Association
Putnam County Bar Association
The Federalist Society for Law & Public Policy Studies
International Society of Environmental Forensics
Columbian Lawyers Association
- First Judicial Department

Admissions

New Jersey
New York
U.S. District Court for the District of New Jersey
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York

Education

Brooklyn Law School, J.D., 1991
The Cooper Union School of Engineering, B.S., 1987

Experience

Duane Morris LLP
- Partner, 2006-present
Mendes & Mount, LLP
- Associate, 1991-2000
- Partner, 2000-2006
New York City Department of Environmental Protection
- Assistant Project Coordinator, 1988-1991
New York City Department of Transportation
- Associate Engineering Technician, 1987-1988

Civic and Charitable Activities

Knights of Columbus
Order Sons of Italy in America
Boy Scouts of America - Troop 440
Patterson, NY - Assistant Scoutmaster

Selected Speaking Engagements

"Mealey's Scope of Coverage Conference: All Sums Versus Pro-Rata Allocation, Methods of Exhaustion, Reallocation and Settlement Credits," Washington, D.C., October 15, 2007