Andy leverages extensive experience litigating complex commercial, tort, and class action matters with a personal approach to partnering with clients. He works with clients in a variety of industries, including automobile manufacturers/distributors, consumer product businesses, and construction companies. He seeks to understand both the business and goals of the client and approach any issue with a cost-effective, logical, and well-communicated plan.
Andy's litigation experience runs the gamut. Whether it be advising clients on litigation avoidance, guiding clients through dispute resolution, or advocating for a client in a jury trial, Andy's experience and big picture perspective can be critical in high stakes or emotionally-charged litigation. Andy works with clients to learn their relevant operations and objectives before tailoring a strategy to fit their needs. He has defended an array of companies in consumer class actions/mass torts, lemon law/warranty claims, and complex commercial and construction matters.
Andy has acted as regional, national, and local counsel for internationally-known automobile manufacturers in class action and warranty litigation, working in coordination with the clients and partnering with other law firms. He has also defended large corporations in toxic tort cases involving claims of significant neurological and lung injuries. Andy also has substantial experience working with clients in the construction industry, having defended and prosecuted delay claims, construction defect and bid protest cases. In the wake of an evolving construction industry, he brings a thorough understanding of green construction matters to the table, including emerging legislation and standards that impact projects.
Andy also has experience working with small and family-owned local and regional companies, utilizing a measured, meticulous style to serve as a trusted counsel for company officials to assist in identifying legal issues and implementing proper business processes to avoid litigation and protect company assets. For example, he has assisted with a web-based start up business to create legally sound invoices, employment methods, and strategies for protecting intellectual property rights from scratch. His understanding of general business operations, as well as his experience in the courtroom, enables him to offer a unique perspective to business leaders as they look to grow their business while mitigating their risks.
Andy is a member of the firm's Recruiting and Professional Development Committees and is active in community efforts to support early childhood education and young leadership in the Cincinnati area.
Memberships & Affiliations
· Cincinnati Bar Association
· Ohio State Bar Association
· Defense Research Institute
· 4C for Children, Board of Trustees
· C-Change, Class VI, Cincinnati USA Regional Chamber
· United Way of Greater Cincinnati, Emerging Leaders' Society
· U.S. Green Building Council, Cincinnati Chapter
· Duquesne Law Alumni Association
Distinctions
· Selected by Ohio SuperLawyers® as a Rising Star in 2010, 2011, and 2012
Experience
Fixodent Denture Cream Litigation
The Procter & Gamble Distributing LLC
Dinsmore's Products Liability Team recently received a ruling in favor of The Procter & Gamble Defendants ("P&G") which is the first in the country to assess and reject the scientific basis for lawsuits filed by a number of Fixodent® users.
Richard Krumm v. Addison McKee, Inc.
Addison McKee, Inc.
Defense of suit alleging negligent design/manufacture, negligent repair, breach of warranties
Quantum Construction Company v. Board of Township Trustees of Anderson Township
Quantum Construction Company
Dinsmore & Shohl represented Quantum Construction Company ("Quantum") in a lawsuit filed against the Board of Township Trustees of Anderson Township ("Anderson Township") related to breach of contract and construction delay claims arising from Quantum's work as a general contractor on the construction of the Anderson Center.
Wilbur & Virginia Estep v. Kia Motors America, Inc.
Kia Motors America, Inc.
Defense of suit alleging violations under the Ohio Lemon Law and Ohio Consumer Sales Practices Act
Thomas and Marker Construction v. Big Box Retailer
Big Box Retailer
Worked on motion for summary judgment in a matter where plaintiff claimed damages for work on purported "unforeseen" site conditions where subsurface rock was encountered during excavation.
Class Action Litigation
Large Automobile Distributor
Dinsmore & Shohl represented a large automobile distributor in class action litigation initiated in Ohio and Kentucky, alleging the automobiles distributed by our client that were subject of a nationwide recall, unintentionally accelerated or were prone to such an alleged defect.
Breach of Contract Claims
Roofing Company
Represented a commercial/residential roofing contractor who asserted claims of breach of contract relating to monies due from general contractor for work on a large condominium project.
Bohl v. Hauke
American Building Components
Defense of suit alleging breach of warranties, negligence, breach of obligation of good faith and fair dealing
Construction Bid Protest Matter
Large Window Manufacturer
Represented a large window manufacturer and installer in a construction public bid protest matter.
Publications
April 19, 2012, Will Green Codes LEED to Litigation?
March 9, 2012, Mitigating Green Building Risks Through Green Building Contracts
February 1, 2012, Know Your Lien Rights
December 1, 2011, "Inside the Minds: New Developments in Green Construction Law," chapter written by Doug Feichtner and Andy Kwiatkowski
August 16, 2011, Green Building Risks: What You Need to Know