Andrew focuses his product liability practice on the defense of claims against manufacturers of specialty plastics, aircraft components, commercial food processing equipment, building materials, and other commercial and consumer products. His business litigation practice is focused on the defense and prosecution of business disputes relating to specialty plastics, aviation components, and wireless communication services. Andrew also has experience in premise liability, utility liability, automobile liability, insurance coverage disputes and business disputes arising from commercial loan agreements, asset purchase agreements and shopping center leases.
Andrew is admitted to practice in Ohio and before the U.S. District Court for the Northern District of Ohio, the U.S. Sixth Circuit Court of Appeals and the U.S. Supreme Court. He has represented clients in jurisdictions throughout the United States, including New York, New Jersey, Philadelphia, Indiana, Colorado, Oklahoma, Louisiana and Maryland.
Judge John M. Manos Inn of Court
Ohio State Bar Association
Cleveland Metropolitan Bar Association
Andrew is admitted to practice in Ohio and before the U.S. District Court for the Northern District of Ohio, the U.S. Sixth Circuit Court of Appeals and the U.S. Supreme Court. He has represented clients in jurisdictions throughout the United States, including New York, New Jersey, Philadelphia, Indiana, Colorado, Oklahoma, Louisiana and Maryland.
Education
- The University of Iowa College of Law, J.D., 1999, high distinction, Order of the Coif
- The University of Iowa, B.A., 1995, Communications
Representative Matters
- Specialty Plastics
- Prosecution of commercial action on behalf of manufacturer/seller of NSF pipe compound and defense of counterclaim.
- Prosecution of commercial action on behalf of manufacturer/seller of vinyl window and door compound and defense of counterclaim.
- Defense of commercial action against manufacturer/seller of PVC compound used to manufacture pipe fittings.
- Prosecution of commercial action on behalf of buyer of color pigment for use in manufacture of plastic pipe for fire suppression equipment.
- Representation of specialty paint manufacturer in multi-jurisdiction commercial dispute involving allegation of bacteria contamination in paint.
- Defense of multi-jurisdiction dispute pertaining to plastic formulation for water heater dip-tubes, with alleged damages in excess of $300,000,000.
- Aviation
- Defended manufacturers of aircraft and aircraft components against wrongful death, personal injury and fire damage claims involving single engine aircraft, helicopter, de-icing equipment, avionics and engine components.
- Defended manufacturer of de-icing equipment against design defect and warning claims arising from 29 person fatal crash of EMB-120 Brasilia aircraft, resulting in directed verdict on design claim and defense jury verdict on warning claim.
- Defended manufacturer of de-icing equipment on Cessna 208B aircraft in multiple actions arising from fatal accidents.
- Defended manufacturer of landing gear components for C-130 aircraft in commercial dispute, and prosecuted counterclaim.
- Representation of manufacturer of jet engine fuel spray nozzels in prosecution of commercial damage claim against supplier of super alloy forgings.
- Defense of manufacturer of GPS systems in aircraft accidents involving general aviation aircraft.
- Defended manufacturer of aircraft muffler in triple fatality involving Grumman AA-5 aircraft. Obtained summary judgment.
- Commercial Food Processing and Kitchen Equipment
- Served as national counsel in defense of manufacturer of commercial food mixers, grinders, slicers, fryers, dishwashers and other commercial grade kitchen appliances in multiple actions arising from personal injuries, including limb and digit amputations, in jurisdictions throughout the U.S.
- Building Materials - Mold
- Defended manufacturer of interior wall finish material against mold-related property damage and business interruption claims arising from construction of hotels and nursing facility.
- Automotive
- Defended domestic automobile manufacturer against personal injury and fire damage matters involving allegations of airbag non-deployment, seatbelt failure, brake failure, wheel-off, transmission explosion, car jack collapse, wiring failures and other alleged design, manufacturing and warning defects.
- Obtained summary judgment in Ohio state court on behalf of domestic manufacturer of mini-van in personal injury "brake fade" case, and successfully defended appeal.
- Obtained summary judgment in federal court on behalf of domestic manufacturer of cargo van in personal injury wheel-off case.
- Obtained summary judgment in Ohio state court on behalf of domestic manufacturer of automobile in personal injury airbag non-deployment case.
- Obtained defense ruling from arbitration panel in favor of domestic manufacturer of pick-up truck in fire damage case.
- Defended manufacturer of commercial "yard mule" truck in personal injury product liability action involving truck seat.
- Defended foreign and domestic automobile manufacturers against lemon law claims involving variety of cars and trucks.
- Aerial Devices - Defended manufacturer of aerial work platform against allegations of design defect due to tip-over. Obtained dismissal.
- Fire Suppression Equipment
- Defended manufacturer of fire extinguishers and commercial grade fire suppression systems against wrongful death and property damage claims arising from building fires. Obtain summary judgment in commercial property damage action relating to kitchen fire suppression system.
- Defended seller of fireman's self contained breathing apparatus. Obtained summary judgment.
- Machine Press Controls - Defended manufacturer of punch press controls in amputation case.
- Other Consumer and Commercial Products - Defended manufacturers of consumer and commercial products against product liability claims arising from personal injuries and building fire damage. Allegations have included elevator collapse, material lift gate collapse, unstable blood pressure monitoring chair, coffee maker fire damage cases, battery acid burn cases, and alleged defects in home hot oil fryers, home furnishings, and baby products.
- Warnings Advice
- Advised distributor of welding flash connectors, quick changers and medical oxygen equipment on development of warning labels, product inserts, product instructions and commercial terms and conditions of sale.
- Advised manufacturer of cleaning supplies in development of product label warnings.
- Bulk Food Products - Defense of breach of warranty action against bulk food manufacturer pertaining to allegations of contaminated bulk cheese, with alleged damages for business interruption and lost sales.
- Wireless Communication Services - Representation of wireless communication service provider in defense of consumer claims and in defense and prosecution of commercial disputes. Obtained ruling in favor of wireless service provider in commercial matter at AAA arbitration hearing.
- Asset Purchase Agreement Disputes - Defense of seller of manufacturing assets in AAA arbitration arising from alleged breach of warranties in asset purchase agreement. Advised purchaser of HMO assets on potential claims against seller. Advised seller of by-product processing facility on potential claim by buyer.
- Commercial Real Estate Litigation Representation of owners and tenants of shopping centers in connection with disputes arising under commercial lease agreements, including drafting brief to the Ohio Supreme Court on behalf of amici curiae group consisting of four of Ohios largest commercial landlords.
- Insurance Coverage Disputes Representation in coverage dispute pertaining to travel insurance. Prosecution of multi-million dollar life insurance claim arising from dispute over suicide clause.
- Commercial Lending and Lender Liability Representation of bank in prosecution of commercial lending dispute pertaining to $3,000,000 commercial loan and defense of alleged lender liability counterclaim; obtained summary judgment in favor of bank.
- Corrupt Activity Statute Violation - Representation of discount retailer in pursuit of cival action based on violation of Ohio's Pattern of Corrupt Activity statute. Obtained judgement in excess of $6 million in favor of retailer.
- Utility Liability Defense of utility provider in personal injury and death actions relating to location, maintenance and condition of utility poles and other utility facilities, including drafting brief to the Ohio Supreme Court on behalf of amicus curiae in utility action.
- Automobile Collision - Defense of major U.S. automobile manufacturer in actions involving company drivers. Defense of Northern Ohio utility provider in actions involving linemen drivers.
- Premise Liability Defense of discount department store in premise action involving blood pressure monitoring chair. Defense of commercial landlord in action involving material lift accident. Defense of hotel in action involving alleged breach of security and assault of hotel guest.
- Nuisance Defense of discount department store in private nuisance action; obtained summary judgment.
Professional & Civic Involvement
Professional Associations
Defense Research Institute (DRI)Judge John M. Manos Inn of Court
Ohio State Bar Association
Cleveland Metropolitan Bar Association
Publications
- "Practical Tips on the Spoliation Defense" · DRI's For The Defense, December 2007
Presentations
- Motion Law: From Basic to Advanced Procedures in Ohio, Lorman CLE Presentation, Cleveland, OH, May 2006
Awards & Honors
- Burton Award for Legal Achievement; 2008
- Ohio Super Lawyers, Rising Stars; 2006, 2007