Peter A. Gaudioso – Trif & Modugno

PARTNER

Morristown, NJ

I handle all aspects of defending and prosecuting a wide variety of cases, including negligence, breach of contract, common-law and consumer fraud, products liability, wrongful death/survivorship, construction defect, insurance coverage/additional insured coverage, and construction accident in state and federal courts in New Jersey, New York, and other jurisdictions, from intake to trial and appeal.

I represent contractors in contract drafting and negotiation, payment and performance disputes, lien filings, arbitration, proceedings before OSHA and the NYC Department of Buildings, employer wage/hour claims, and trials. I also represent clients alleged to have caused property damage or bodily injury in catastrophic losses, including fires, floods, explosions, and industrial/workplace accidents. I have a long history of representing designers, manufacturers, and distributors of products in industrial and consumer settings.

I possess superior communication skills, working with clients, experts, opposing counsel, and the courts throughout the representation of clients during litigation with the goal of getting the best result for our client. I have formed cordial and lasting professional relationships with opposing counsel, judges, and mediators, believing disagreement and disagreeable are not conterminous. I work closely with clients and their insurers to discuss the strengths and weaknesses of our position, preparation for depositions, hearings, motion practice, and trials, and strategy for resolution as early as possible.

I have been a member of District V-C Ethics Committee (Western Essex County) since 2008, serving as investigator, presenter, and Hearing Panel Chairperson across dozens of ethics investigations and hearings. I have defended recommendations before the Disciplinary Review Board. I have served as Vice-Chairperson and Chairperson, and I am again serving as Vice-Chairperson.

I also am proud to perform pro bono work for the United Way of Northern New Jersey and the Clifton Adult Opportunity Center. I also have performed pro bono work for the Office of the Public Defender, representing indigent persons in their appeals from conviction, including briefing and oral argument.

I am a father of two fantastic adult children, having volunteered in the community to serve or lead the teams, leagues, and dance and theatre troupes in which they participated. I earned my pilot’s license with an instrument rating in 2021 and fly tail number N2206B whenever I can. I am unapologetic of my pride in being a life-long resident of the Great Garden State. I am a history enthusiast, particularly U.S. Military History. I tour the Normandy Beachhead often and am happy to bring any willing traveling companions.

I am a fervent devotee of the Oxford Comma and the active tense, and an implacable foe of footnotes and passive writing.

Practice Areas

Catastrophic Injury, Large Property & Business Losses
Complex Commercial Litigation
Construction Claims & Litigation
Contracts, Project Delivery & Risk Management
Defense Litigation
Litigation
Professional Liability Defense

Admissions

State of New Jersey
United States District Court for the District of New Jersey
State of New York
United States District Court for the District of Colorado
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States Circuit Court of Appeals for the Second Circuit
United States Circuit Court of Appeals for the Third Circuit