Patrick M. Flynn

Patrick specializes in the practice of civil litigation with an emphasis on environmental and condemnation/eminent domain matters.  He represents a wide range of clients from governmental and quasi-governmental entities to large national privately and publicly held companies.

Patrick litigates environmental matters of many kinds, ranging from large multi-party cost recovery/contribution actions, to toxic tort lawsuits, to contractual disputes over environmental liabilities.  He also defends clients in enforcement actions, both administrative and judicial, under a variety of federal and state environmental statutes, including CERCLA, RCRA, the Clean Water Act and New Jersey’s Spill Compensation and Control Act.  Patrick has represented clients at numerous sites in New Jersey, Pennsylvania and New York, as well as in other states across the nation, including Massachusetts, Michigan, Missouri, Nebraska, Texas and California.

Through his involvement in complex environmental litigation, Patrick has extensive experience working with expert witnesses, managing multi-party discovery and handling all facts of motion practice in federal and state courts.  Patrick is also well-versed in the use of computer resources for research, document and information management, and courtroom presentations. 

Patrick also represents clients with respect to the condemnation of property through eminent domain.  His practice includes representation of condemning authorities acquiring property, as well as representation of property owners to defend against condemnation or to ensure that they receive the maximum value for their property.  Patrick has particular experience addressing issues arising from the condemnation of environmentally impaired former industrial “brownfield” property.

In addition to handling environmental litigation matters, Patrick has prosecuted and defended appeals for our clients in a wide variety of substantive areas, including: First Amendment issues, insurance coverage, commercial contracts, medical licensing, confiscation of firearms, personal jurisdiction, and state pension eligibility.  Patrick has obtained reversals of lower court decisions in to two cases that have given rise to published opinions establishing precedent in New Jersey:

  • Pop’s Cones, Inc. v. Resorts Int’l Hotel, Inc., 307 N.J. Super. 461 (App. Div. 1998)
  • State v. One Marlin Rifle, 319 N.J. Super. 359 (App. Div. 1999).

Prior to joining Archer, Patrick served as Law Clerk to the Honorable David Landau, Superior Court of New Jersey, Appellate Division.

Representative Experience

Examples of matters that Patrick has handled on behalf of clients include:

  • Successfully defended former lead smelter operator against claims of personal injury from alleged historic lead exposure
  • Obtained no liability verdict in federal court trial of multi-million dollar CERCLA contribution action arising out of cleanup of Lipari Landfill
  • Litigated numerous cutting edge issues of New Jersey law arising out of condemnation of environmentally impacted brownfield property.
  • Enforced obligations owned to clients under environmental indemnity agreements
  • Represented construction project owners in breach of contract actions and change order disputes

Professional And Community Involvement

  • New Jersey State Bar Association
  • Camden County Bar Association

Awards And Recognition

  • Named a “Top Attorney” by SJ Magazine for Eminent Domain (2007-2011, 2014)
  • Order of the Coif

Articles

  • “Government Recovery of Superfund Cleanup Oversight Costs: A Critique of United States v. Rohm & Haas Co.,” 47 Rutgers Law Review 789 (1995)

RELATED BLOG POSTS

Archer Partners Christopher Gibson and Lloyd Freeman Named to New Jersey Governor-Elect Murphy's Transition 2018 Team

Greg Vogel on "Government Funding for Pharmaceutical Research and Development”

Gianfranco A. Pietrafesa to Speak at 2018 NJ Corporate Counsel Institute