Andre M. Mura represents plaintiffs in class action and complex litigation concerning consumers’ and workers’ rights, products liability, drug and medical devices, federal jurisdiction, and constitutional law.
Prior to joining Gibbs Law Group LLP, Andre was senior litigation counsel at the Center for Constitutional Litigation PC, where he represented plaintiffs in high-stakes appeals and complex litigation in state supreme courts and federal appellate courts. Andre also authored briefs filed in the U.S. Supreme Court, at both the petition and merits stages, and argued dispositive motions in trial courts nationwide.
He is on the Board of the Civil Justice Research Initiative of Berkeley Law and UC Irvine School of Law, a Fellow of the American Bar Foundation, a member of the Lawyers Committee of the National Center for State Courts, a member of Public Justice’s Class Action Preservation Project, an Ex-Officio Trustee of the Pound Civil Justice Institute, and Chair-Elect of the American Association for Justice’s LGBT Caucus.
Andre was selected to chair the plaintiffs’ law and briefing committee in this multi-district litigation on behalf of breast cancer survivors who suffered permanent, disfiguring hair loss after using the Taxotere chemotherapy drug. The lawsuit is ongoing.
Andre played a key role in briefing before the California Supreme Court, which resulted in a unanimous decision in the plaintiffs’ favor finding that an interest rate on a loan above $2,500 may be unconscionable. The decision changed decades-old assumptions that lenders in California had a virtual “safe harbor” from unconscionability challenges to loan interest rate terms.
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 $7.3 million proposed class action settlement to resolve allegations that Lenovo preinstalled software on laptops that caused performance, privacy and security issues for consumers.
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.
Corber v. Xanodyne Pharmaceuticals
Andre represented plaintiffs injured by propoxyphene, an ingredient found in Darvocet and Darvon pain relief drugs and generic pain relievers, before the U.S. Court of Appeals for the Ninth Circuit, sitting en banc.
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 agreed to overturn a 20-year-old precedent.
Texaco, Inc. & Chevron Corp. v. Simon
Andre argued before the Mississippi Supreme Court in a case concerning Texaco’s and Chevron’s liability for pregnant women’s exposure to leaded gas. The case settled favorably after oral argument but before decision.
J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011)
Andre drafted merits briefing addressing whether personal jurisdiction exists over a foreign manufacturer.
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 case examining whether federal drug safety law preempts state-law liability for defectively designed generic drugs.
Qwest Services Corp. v. Blood, 132 S. Ct. 1087 (2012)
Andre was counsel of record for plaintiffs in opposing Supreme Court review of an $18 million punitive damages award.