Raymond Mariani
Partner

Practice Areas

Experience

Ray Mariani concentrates his practice on litigation, primarily in the areas of product liability and contracts. He has more than twenty years of experience, which includes jury and bench trials, appeals, mediations, and arbitrations in numerous federal courts and in more than 25 state courts throughout the United States. His work has included serving as national coordinating counsel and litigating complex civil litigation.

Ray Mariani’s cases have involved the design, testing, manufacture, and sale of various products. This includes litigation concerning toxic exposure, fuel spills, fire safety, engines, pumps, valves, and governmental regulation and immunity. He has also litigated and counseled clients in a wide range of contract matters, including sales and services agreements; manuscripted and standard industry contracts; indemnity and additional insured provisions; and insurance coverage for CGL, marine, credit, umbrella, and excess policies.

Selective Experience

• Represented a major hotel tenant and its insurer in civil litigation arising from the 1993 attack on the World Trade Center. National Union v. Port Authority, 261 A.D.2d 259 (1st Dept. 1999).
• Defended a manufacturer in a government contractor case of first impression in the First Circuit. Quiles v. UTC, 84 F. Supp.2d 154 (D. Mass. 1999).
• Represented an airport in civil litigation arising from the 2001 attack on the World Trade Center. In Re September 11 Litigation, 265 F. Supp.2d 208 (S.D.N.Y. 2003).
• Successfully litigated numerous forum non conveniens motions, including Britton v. Dallas Airmotive, 153 Cal. App.4th 127 (1st Dist. 2007).
• Defended an insurer at trial involving one of the preeminent computer manufacturers for insurance coverage of an underlying trademark violation lawsuit.
• Coordinated, defended, and settled claims of numerous plaintiffs in several mass disaster aviation cases. 
• Represented clients in various pro bono matters including immigration proceedings, civil rights actions, and a gender discrimination case, Kelber v. Joint Industry Board, 27 F.3d 42 (2d Cir. 1994).

Publications and presentations

• “Constitutional Limits on Punitive Damages after Exxon Shipping v. Baker,” The Brief, Volume 39, Number 4, Summer 2010. (Co-author)
• “Stricter Reporting Rules for Medicare Beneficiaries,” Health Law 360 Guest Column, December 21, 2009. (Author)
•  “Federal regulations effective January 2010 impose strict reporting requirements on defendants regarding Medicare beneficiaries,” Nixon Peabody Products: Class Action, Trade & Industry Representation Alert, December 15, 2009. (Author)
• “Compliance with the New Medicare (MMSEA) Legislation: A Challenge for 2010,” Seminar for Underwriters at Lloyds of London, December 10, 2009. (Presenter)
• “Practical Solutions in Data Retention,” Nixon Peabody Breakfast Briefing, October 14, 2008. (Panelist)
• “The Exxon Valdez decision and punitive damage,” Product Liability Law 360, July 18, 2008. (Author)
• “The Qualcomm decision: trend continues of severe sanctions for discovery  violations relating to electronic data,” Nixon Peabody Alert, March 24, 2008. (Author)
• “FAA Revises Standards for Engine Life-Limited Parts,” Nixon Peabody Aviation Alert, January 25, 2008. (Author)
• “Ninth Circuit endorses broad federal preemption on FAA safety issues but reverses in part prior airline victory in DVT cases,” Nixon Peabody Aviation Alert, October 11, 2007. (Author)
• “Aviation Group wins affirmance of forum non conveniens stay, clarifies California procedures for raising forum non conveniens defense,” Nixon Peabody Aviation Alert, July 30, 2007. (Author)
• “Critical Issues in Aviation Insurance and Insured Litigation,” Paper Presented: “Indemnity Agreements and Additional Insureds,” ABA Section of Litigation, Aviation Litigation Seminar, June 1, 2007. (Panelist)
• “Expanding Recovery Under Death on the High Seas Act,” New York Law Journal, January 31, 2007. (Author)
• “Demonstrative Evidence In Aviation Cases,” Chapter in Litigating the Aviation Case—3rd Edition, American Bar Association, Tort and Insurance Practice Section, 2007. (Co-author)
• “The Lidle Crash: Government Investigation’s Implications,” New York Law Journal, December 12, 2006. (Author)
• “Tort, Trial and Insurance Practice Section—From Kitty Hawk to the Future:  The ABA Celebrates 100 Years of Flight, American Bar Association, October 2003—The September 11, 2001 Panel. (Panelist)
• “Industry in Crisis: A Progress Report on Victim Compensation and the Airlines After the September 11th Litigation,” 68 Journal of Air Law and Commerce 253, Spring 2003. (Author)
• “The September 11th Victim Compensation Fund of 2001 and the Protection of the Airline Industry: A Bill for the American People,” 67 Journal of Air Law and Commerce 141, Winter 2002. (Author)

Admissions

Mr. Mariani is admitted to practice in New York and the District of Columbia. He is also a member of the bar for numerous federal courts in New York and other areas of the United States and has been admitted pro hac vice in various jurisdictions around the country.

Education

Georgetown University Law Center, J.D. (American Jurisprudence Prize for Academic Excellence in Torts)
Boston University, B.S.

Affiliations

Ray Mariani has been an invited guest at educational seminars sponsored by such organizations as the American Bar Association and the Practicing Law Institute of New York and has provided numerous client risk management presentations. He is certified as a mediator by the United States District Court, EDNY, and has also served on the attorney-client dispute resolution committee of the Association of the Bar of the City of New York. He is an active member of the Nixon Peabody Pro Bono Committee.