Andre Mura

Partner (510) 350-9717 vCard

Andre represents plaintiffs in class action and complex litigation concerning consumers’ and workers’ rights, products liability, drug and medical devices, federal jurisdiction, and constitutional law.

Before 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 has authored briefs filed in the U.S. Supreme Court, at both the petition and merits stages, and argued dispositive motions in trial courts nationwide.

Andre 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, a Trustee of the Pound Civil Justice Institute, Chair of the American Association for Justice’s LGBT Caucus, and Trustee of the National College of Advocacy.

Andre is a frequent speaker and writer on a range of topics, and recently addressed 150 appellate judges at the Pound Civil Justice Institute’s annual forum on emerging civil justice issues.

Litigation Highlights

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

    This multi-district litigation concerns allegations that 3M’s dual-ended Combat Arms earplugs were defective and caused servicemembers and civilians to develop hearing loss or tinnitus. A four-member panel appointed Andre to the Law, Briefing, and Legal Drafting Committee after reviewing nearly 200 applications from attorneys across the country and listening to 64 presentations over a 2-day period. The lawsuit is ongoing.

  • In re: Taxotere (Docetaxel) Products Liability Litigation

    Andre was a member of the trial team in a two-week federal jury trial and was selected as chair of 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.

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

    This multi-district litigation concerns allegations that Vizio, the second largest smart TV brand, equipped its smart TVs with software that collected consumers’ viewing histories and then sold that information—along with highly specific information about consumers’ digital identities—to third parties, without consumers’ knowledge or consent. Andre led the litigation for plaintiffs, briefing and arguing two motions to dismiss, a motion for interlocutory appeal, and preliminary and final approval. The case settled for monetary relief that exceeded the revenue the company obtained from the sale of affected data. The company also adopted significant business reforms, such as obtaining affirmative consent, revamping disclosures, and deleting data. The settlement was lauded by privacy experts, including Professor Joseph Turow of the University of Pennsylvania, who “commended [it] for setting a precedent of significance.”

  • De La Torre v. CashCall

    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.

  • Merck Sharp & Dohme Corp. v. Albrecht

    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 much 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….”

  • 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 $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.

  • 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.

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

    Andre was Supreme Court counsel for the plaintiff and drafted merits briefing addressing whether personal jurisdiction exists over a foreign manufacturer.

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

    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.

  • 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.

  • 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.

Show Full Bio

California Lawyer Attorney of the Year (CLAY) Award, Daily Journal and California Lawyer Magazine, 2019

Top Cybersecurity / Privacy Attorneys Under 40, Law360 Rising Stars, 2017

Northern California Super Lawyers, 2019-2020

Rising Star, Northern California Super Lawyers, 2016-2018

  • J.D., The George Washington University Law School, 2004
  • B.A., Williams College, 2000
  • Board Member, Civil Justice Research Initiative of Berkeley Law and UC Irvine School of Law
  • Fellow, American Bar Foundation
  • Ex-Officio Trustee, Pound Civil Justice Institute
  • Lawyers Committee of the National Center for State Courts
  • Public Justice Foundation’s Class Action Preservation Project Committee
  • American Association for Justice, Class Action Litigation Group, Legal Affairs Group, Chair-Elect LGBT Caucus
  • Consumer Attorneys of California
  • Plaintiff's Practice Standing Committee Member, American Bar Association Tort Trial and Insurance Practice Section

Consumer Advocates Speak

Practicing Law Institute, 24th Annual Consumer Financial Services Institute

December 2019

Data Security and Privacy Issues

Practicing Law Institute, 24th Annual Consumer Financial Services Institute

December 2019

Discovery Masters

National College of Advocacy

November 2019

Employment Discrimination on the Basis of Sex: Does It Encompass Discrimination Based on Sexual Orientation?

American Association for Justice’s Annual Convention

July 2019

Staying on Track After Bristol-Myers

Trial Magazine, American Association for Justice

April 2019

Personal Jurisdiction, Choice of Law, & Hyundai

Class Action Mastery Forum

January 2019

Jurisdiction Issues post Bristol Myers

Bridgeport 2018 Class Action Litigation Conference

September 14, 2018

Panelist, State Court Protection of Individual Constitutional Rights

Pound Civil Justice Institute 2018 Forum for State Appellate Court Judges

July 7, 2018

What’s Trending Now: Cutting Edge Consumer Financial Services Updates

Practising Law Institute's 23rd Annual Consumer Financial Services Institute

March, June 2018

Class Settlements and Certification in the Wake of In Re Hyundai Fuel Economy Litigation

Class Action Mastery Conference, HB Litigation

May 2018

Effective Legal Writing Workshop

American Association for Justice Education Seminar

April 2018

Strategic Responses to Recent Supreme Court Decisions [Bristol-Myers/Spokeo]

Consumer Class Action Symposium, National Consumer Law Center

November 2017

Supreme Court Applied 'Settled Principles' In BMS Ruling

Law360 Expert Analysis

September 11, 2017

Latest Developments Including Recent and Most Significant Class Action Lawsuits and Proposed Federal Legislative Changes

Bridgeport 2017 Class Action Litigation Conference

September 8, 2017

In the Breach

Trial Magazine, American Association for Justice

September 2017

Supreme Court Puts Personal Jurisdiction On Trial

Law360 Expert Analysis

May 22, 2017

Beware Intended Consequences of Class Action Reform, Too

Law360 Expert Analysis

March 14, 2017

Recent Developments in Appellate Advocacy

Tort Trial & Insurance Practice Law Journal, Winter 2016

Winter 2016

Personal Jurisdiction In Mass Torts and Class Actions: Exploring the Impact of BMS v. Superior Court

America Association for Justice Rapid Webinar

September 2016

Volkswagen Emissions, One Year Later: Litigation and Science Update

ABA Tort Trial and Insurance Practice Section, Toxic Torts and Environmental Law Committee Annual Meeting, August 2016

August 2016

Who Will Write Your Rules- Your State Court, or the Federal Judiciary

2016 Pound Civil Justice Institute's Judges Forum

July 2016

Volkswagen Diesel Emission Fraud

American Association for Justice 2016 Convention Litigation at Sunrise

July 2016

The Current State of Ascertainability

Class Action Litigation Conference 2016, Bridgeport Continuing Legal Education

April 2016

Consumer Legal Remedies Act Webinar

Bridgeport Continuing Legal Education

March 2016

Volkswagen Emissions Fraud Webinar

American Association for Justice and HB Litigation Conferences

October 2015

Taking on Infuse and Preemption

Trial Magazine


Recent Developments in Appellate Advocacy

Tort Trial & Insurance Practice Law Journal

Fall 2013 & Winter 2015

Success and Failure in Evading CAFA's "Mass Action" Provision

AAJ's Class Action Litigation Group Newsletter

Summer 2014

Buckman Stops Here! Limits on Preemption of State Tort Claims Involving Allegations of Fraud on the PTO or the FDA

41 Rutgers L.J. 309


Life After Stengel: An Update on Preemption Tactics for Drug and Device Lawyers

DC Bar Tort Law Section

Hot Coffee: Civil Justice Debate

Millbank Tweed Forum Series at New York University Law School

"Throughout this litigation, Class Counsel has consistently demonstrated superb candor, diligence, organization, and aptitude."

- U.S. District Judge, Central District of CA

"[I]'m glad I appointed all of you as lead counsel, because -- it probably is the best set of papers I've had on preliminary approval…”

- U.S. District Judge, Central District of CA

Slice 1 BLF 2017