Molly M. Ryan

OF COUNSEL

---

Molly spends her non-litigating time with her husband and daughter; playing tennis and soccer as well as boating and water sports; supporting local charitable organizations; and being a patron of the arts, especially theater.

• OVERVIEW

  Molly M. Ryan has been a litigator for over 20 years. She has advised and defended clients in the state and federal courts of California, New York, and Washington, D.C. Her practice has focused on constitutional law, government liability, claims against human service agencies, and the defense of commercial real estate developers, sports and entertainment venues, athletics teams, construction companies, and national/multi-national corporations in general liability matters. Molly’s representation of clients often begins pre-suit. Recognizing that early evidence preservation is critical, she initiates comprehensive pre-suit investigations to dictate the trajectory of a case well before formal litigation.
  
  In constitutional and government liability matters, Molly defends public entities and public employees, including municipalities, school districts, police officers, prosecutors, and elected officials in a wide range of cases, from Section 1983 claims involving free speech, First Amendment auditors, excessive force, equal protection, and due process to personal injury claims involving catastrophic injury.
  
  Molly has also developed an expertise in defending human services agencies that serve those with substance use disorder, developmental disabilities, and mental health diagnoses. She is known for combining compassionate thinking with a strategic, formidable defense posture to effectively achieve clients' goals.

• EDUCATION

  Santa Clara University (J.D., 2003)

  Colgate University (B.A., 2000)

  • Women’ soccer team
    

• PRACTICE AREAS

  • Construction

  • Healthcare

  • Personal Injury

  • Police Practices

  • Premises Liability

  • Professional Liability

  • Public Entities

• ADMITTED TO PRACTICE

  • All California State Courts

  • All New York State Courts

  • All Washington, D.C. Courts

  • United States District Court for the Central District of California

  • United States District Court for the Eastern District of California

  • United States District Court for the Northern District of New York

  • United States District Court for the Western District of New York

  • United States Court of Appeals for the Ninth Circuit

  • United States Court of Appeals for the Second Circuit

• REPRESENTATIVE TRIALS

  • Motion to dismiss granted in federal court for police officers in a Sec. 1983/failure to intervene case.

  • Motion to dismiss granted in federal court for a town in a Sec. 1983/Equal Protection and Due Process case.

  • Motion to dismiss granted in federal court for a city in a Sec. 1983/4th Amendment unlawful search case.

  • Motion to dismiss granted in state court for a town and its code enforcement officer in a negligent misrepresentation case. Plaintiff alleged that the defendants unlawfully allowed him to demolish his building and failed to advise him that he had to perform asbestos testing.

  • Motion to dismiss granted in federal court for a town on Sec. 1983/Monell claims in an excessive force case.

  • Motion for summary judgment granted for human services agency/substance use disorder treatment provider in a state court sexual assault case. Plaintiff was assaulted by defendant's residents on defendant's property. Court held that defendant was not liable for the criminal acts of the residents.

  • Obtained voluntary dismissal for apartment complex owner in a state court slip and fall case with significant injuries.

  • Motion to dismiss granted in state court for ride share company. Plaintiff sustained a head injury from allegedly defective vehicle.

  • Motion for summary judgment granted for crane company in construction accident case in state court. Plaintiff construction worker sustained significant injuries when he fell from the roof when the crane bumped a truss. Court held that crane company was not a proximate cause of the accident since plaintiff was not wearing fall protection.

  • Obtained voluntary dismissal for a minor league baseball team in a state court case. Construction accident during construction of a stadium.

  • Obtained voluntary dismissal for a drywall company in a state court construction accident case.

  • Motion for summary judgment granted in state court for human services agency/caretaker of disabled individuals. Plaintiff sustained severe injuries when he was assaulted by defendant's patient. Court held that defendant had no duty to prevent the assault since its patient did not have a prior history of violence.

  • Voluntary dismissal obtained in federal court for city and police officers in Sec. 1983/4th Amendment excessive force case. Highly publicized race-based case where the minor plaintiffs claimed significant physical and emotional injuries as a result of officers allegedly apprehending them at gunpoint without any cause. Molly's deep dive in discovery revealed that the plaintiffs were hiding video evidence that proved the incident did not at all occur the way that the plaintiffs alleged. Thus, plaintiffs' counsel dismissed the case.

  • Motion for summary judgment granted for property owners in an easement case in state court.

  • Motion for summary judgment granted for city and police officer in a state court case involving claims for false arrest and malicious prosecution.

  • Motion for summary judgment granted for a school district in a state court case involving claims that its school resource officer/police officer used excessive force against a high school student.

  • Motion for summary judgment granted for town in a trip and fall case in state court.

  • Motion for summary judgment granted for seller in a title case. Plaintiff bank sought to void seller's deed after the city acquired the property at a tax sale and failed to notify the bank of the tax proceedings. Court held that plaintiff bank's claim was time barred by the statute of limitations.

  • Motion to dismiss granted for town in state court case where plaintiff motorcyclist sustained severe injuries as a result of running into the town's fire hydrant, which was obscured from view. Court held that the town owed no duty of care to plaintiff.

• REPRESENTATIVE APPEALS

  • Punitive damages claim dismissed on appeal in a wrongful death case in state court. Decedent was a disabled resident of defendant human services agency. While under defendant's supervision, decedent died from choking on food that the employee should not have given her as per her eating plan. The trial court allowed plaintiff to add a claim for punitive damages but the appellate court reversed. Molly was then able to leverage that ruling in settlement negotiations, resulting in settlement highly favorable to the defendant.

  • Summary judgment upheld on appeal in a construction accident case.

  • Summary judgment upheld on appeal in a workplace accident case.

• INVOLVEMENT

  Professional Memberships & Awards

  • Syracuse Stage Board of Trustees

  • YMCA of Manlius Board of Directors

  Presentations & Seminars

  • Author, “Title IX and the Drive for Gender Equality in Sports,” ABA Section of Litigation Minority Trial Lawyer, Fall 2012/Winter 2013

  • Co-Author, “Not for the Bashful: Student Athletes, Drug Testing ... and Judicial Doctrine,” DRI’s The Business Suit, Newsletter of the Commercial Litigation Committee, August 20, 2012

  • Co-Author, “Private Property or Public Forum? How the Occupy Movement Implicates Free Speech and Property Rights in Retail Spaces,” USLAW, Spring/Summer 2012