Kevin P. McCaffrey
Counsel
Kevin McCaffrey has over 35 years of experience and has served as lead counsel on over 30 trials. Mr. McCaffrey’s practice is focused on defending railroads in personal injury actions brought by employees under Federal Employers Liability Act (FELA), defending employers in employment matters, government actors in federal civil rights actions, and landowners in premises liability claims.
Previously, he was a Senior Assistant City Attorney for the Denver City Attorney’s Office and an Assistant Attorney General for the New York State Department of Law. He also served as Assistant Deputy General Counsel for the Metropolitan Transportation Authority and Long Island Rail Road in New York, NY.
Bar Admissions
- Colorado, 2023
- New York, 1989
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Tenth Circuit
- U.S. District Court, District of Colorado
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
Location
Denver Office
1001 17th Street
Suite 300
Denver, CO 80202
Education
JD: St. John’s University School of Law, 1988, Dean’s List
LLM: New York University Law School, 2002, Constitutional Law
BA: Fordham University, 1985, Political Science
Contact
Career Distinctions & Honors
- Lewis J. Lefkowitz Memorial Award for Exceptional Service to the State of New York, 2005
Decisions
- In the matter of McAllister v. LIRR, the Honorable John Gleeson commended Mr. McCaffrey. In granting the LIRR’s motion for summary judgment on an employment discrimination case the court stated: “And I do want to especially applaud Mr. McCaffrey’s running down of every ground ball. I mean, it’s usually the case that a blunderbuss claim like this has more loose ends than this. And I think what partly accounts for the factual complexity of the presentation is an unwillingness on the defendant’s part to let even the easiest of the ground balls go unfielded and unaddressed.”
Professional Experience
- Senior Assistant City Attorney, Denver City Attorney’s Office, Denver, CO, 2023-2025
- Assistant Deputy General Counsel, Metropolitan Transportation Authority, New York, NY, 2021-2023
- Assistant Deputy General Counsel, Long Island Rail Road, Long Island, NY, 2007-2021
- Assistant Attorney General, New York State Department of Law, New York, NY, 2001-2007
Appeals
- Stathakos v. MTA Long Island Railroad, 109 A.D.3d 979 (2d Dept. 2013)
- The first time a New York appellate court applied the governmental immunity doctrine to a discretionary determination to suspend service made by a public authority in New York.
- Bullock v. Brooks, 2025 COA 6, (Colo. App. 2025)
- Affirming a verdict for Defendant police officers finding that the alleged validity of the underlying ordinance was irrelevant if the Officers had probable cause to make the arrest under the ordinance as it existed at the relevant time.
