Litigation Highlights

• In re: Meta Pixel Healthcare Data Privacy Litigation

  Andre was court-appointed to the plaintiffs’ executive committee in this consolidated litigation, representing millions of patients whose sensitive health data was allegedly collected and shared without their consent. In his appointment decision, Judge Orrick said he chose interim class counsel for their “highly relevant” experience and knowledge.

• In re: 3M Combat Arms Earplug Products Liability Litigation

  Andre was court-appointed to the plaintiffs’ law-and-briefing committee in this multi-district litigation on behalf of military servicemembers and veterans who suffered injuries due to defective 3M earplugs, which were standard-issue for U.S. military members for more than a decade. Andre also served on several bellwether trial teams, securing multiple favorable jury verdicts.

• In re: Taxotere (Docetaxel) Products Liability Litigation

  Andre was a member of the trial team in a two-week federal jury trial, and is member of Plaintiffs’ Steering Committee and co-chair of Law and Briefing in this multi-district litigation on behalf of breast cancer survivors who suffered permanent hair loss after using the Taxotere chemotherapy drug. He recently obtained a unanimous decision granting a bellwether plaintiff a new trial. See 26 F.4th 256 (5th Cir. 2022)

• In re: Vizio, Inc., Consumer Privacy Litigation

  Andre was co-lead counsel for the settlement class in this multi-district lawsuit alleging that Vizio collected and sold data about consumers' television viewing habits and their digital identities to advertisers without consumers' knowledge or consent. He negotiated a settlement providing for class-wide injunctive relief transforming the company’s data collection practices, as well as a $17 million fund to compensate consumers who were affected.

• De La Torre v. CashCall

  Andre played a key role in briefing before the California Supreme Court, resulting in a unanimous decision in the plaintiffs’ favor. The decision changed decades-old assumptions that lenders in California had a virtual “safe harbor” from unconscionability challenges to loan interest rate terms.

• In re: Lenovo Adware Litigation

  Andre successfully briefed and argued a motion to dismiss and motion to certify a nationwide litigation class for monetary damages. The parties moved for preliminary approval of a $8.3 million proposed class action settlement to resolve allegations that Lenovo preinstalled software on laptops that caused performance, privacy and security issues for consumers.

• Beaver et. al. v. Tarsadia Hotels, Inc.

  Andre contributed to briefing before the Ninth Circuit Court of Appeals resulting in a unanimous decision affirming the lower court’s ruling that the UCL’s four-year statute of limitations (and its accrual rule) applied in claims alleging violations of the Interstate Land Sales Full Disclosure Act (ILSA) even though ILSA has a shorter statute of limitations.

• Watts v. Lester E. Cox Medical Centers, 376 S.W.3d 633 (Mo. 2012)

  Andre successfully argued that a state law limiting compensatory damages in medical malpractice cases violated his client’s constitutional right to trial by jury. In ruling in favor of Andre's client, the Missouri high court overturned a 20-year-old precedent.

U.S. Supreme Court Advocacy

• Trump v. Mazars USA, LLP, 140 S. Ct. 2019 (2020)

  Andre represented a bipartisan group of former members of the U.S. Senate and House of Representatives appearing as amici in support of Congress’s broad investigatory power.

• Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (2019)

  Before the U.S. Supreme Court, in a case concerning the scope of federal immunity for brand-name drug manufacturers, Andre represented medical doctors appearing as amici curiae. His amicus brief was discussed at oral argument, with Supreme Court counsel for Albrecht telling the Justices, “It's a beautifully done amicus brief to explain what the scientists knew and when they knew it….”

• Mutual Pharmaceutical Co., Inc. v. Bartlett, 133 S. Ct. 2466 (2013)

  Andre was the lead author of an amicus curiae brief for the American Association for Justice and Public Justice in a case examining whether federal drug safety law preempts state-law liability for defectively designed generic drugs.

• J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011)

  Andre was a lead author of merits briefing addressing whether personal jurisdiction exists over a foreign manufacturer.