Andy is a litigator who focuses his practice on complex litigation, such as class actions, multidistrict litigation and consolidated litigation. He has represented a wide variety of Fortune 500 clients, including Boston Scientific, DuPont, Zimmer Orthopedics, Philip Morris, Lorillard Tobacco Company, Union Pacific and The Coca-Cola Company in jurisdictions across the United States as well as internationally.

Complex Briefing, Appeals and Legal Strategy: From 2008 to 2012, Andy directed the Lorillard Tobacco Company Legal Issues Group, which wrote and argued all major briefs and motions and coordinated appeals for the more than 8,000 Engle-progeny cases pending in Florida. Andy was also responsible for directing and coordinating Lorillard’s legal strategy in this litigation, as well as all motions and legal issues at trial. Andy wrote and argued many of the key motions and briefs for Lorillard in this litigation. Since 2012, Andy has represented Philip Morris USA Inc. as its legal issues counsel in numerous Engle progeny trials. Since 2015, Andy has represented Union Pacific in a series of putative class actions involving property rights claims to the railroad’s right-of-way.

Class Actions and MDLs: From 2005 to 2008, Andy represented Boston Scientific Corp./Guidant in MDL No. 1708, In re Guidant Corp. Implantable Defibrillators Product Liability Litigation, consisting of nearly 2,000 cases and 74 putative class actions cases pending in the U.S. District Court, District of Minnesota. Andy was responsible for all legal issues and discovery briefing in that MDL. He developed and argued many of the key dispositive and evidentiary motions for the MDL representative lead cases, resulting in several important rulings, including a key choice-of-law victory. He also developed and argued the motion that resulted in the dismissal of all third-party payor claims in the MDL. This litigation was ultimately resolved on terms favorable to Boston Scientific Corp. Andy was also responsible for overseeing the defense of Guidant’s Canadian litigation.

E-Discovery and Class Action MDLs: From 2005 to 2008, Andy served DuPont as its class action and e-discovery counsel in MDL No. 1733, In re Teflon Products Liability Litigation, consisting of 22 putative class actions pending in the U.S. District Court, Southern District of Iowa. In addition to helping coordinate the defense group’s class certification defense, Andy was responsible for DuPont’s document production, privilege logs and e-discovery issues. The district court denied class certification in every case and rejected each of the plaintiffs’ motions for discovery sanctions.

Product Liability Class Actions: Andy has also successfully defended national clients such as Smithfield Foods, The Coca-Cola Company, Smith & Wesson, Smucker’s, Mitsubishi and Cingular Wireless in class action litigation.

Class Action Settlements: Andy has helped negotiate, brief, implement and oversee the successful resolution of several national cases, including the $1.1 billion resolution of MDL No. 1401, In re Sulzer Orthopedics, Inc. Hip Prosthesis and Knee Prosthesis Liability Litigation, as well as the class resolution of multiple nationwide product liability classes for Mitsubishi Motors and DaimlerChrysler, and a nationwide employment class for Mutual of Omaha.

Complex Product Liability Defense: As a part of Shook’s Global Product Liability Group, Andy has successfully represented both Philip Morris and Lorillard Tobacco Company in smoking-and-health litigation across the United States, including traditional class actions, third-party payor cost recovery actions, consolidated claims by individual smokers and individual smoking-and-health cases. Beginning as an associate, Andy has been able to learn every aspect of defending a complex case from the ground up, beginning with the Broin flight attendant class action trial in Miami in 1997, the Falise/Johns-Manville Settlement Trust cost recovery trial in New York in 2000, and the Coolidge tobacco trial in Riverside, California, in 2003.

Appellate Advocacy: Andy has successfully briefed and argued appeals before courts such as the U.S. Courts of Appeal, Sixth and Eighth Circuits, as well as state appellate courts, including Missouri and Connecticut. Andy also drafted the winning petition in Coca-Cola v. Pennington that resulted in a writ by the Missouri Supreme Court vacating the trial court’s certification of a statewide consumer class against Coca-Cola.

Publications and Media

Jacob Fischler, What To Do After You’ve Screwed Up A Brief, Law360, April 4, 2016.

Andrew D. Carpenter, Going Meta: A Class of Class Counsel, Law360, May 5, 2015. 

Andy is a principal author of the Missouri and Kansas Class Action Law blog, a legal blog dedicated to discussing developments in class actions and complex litigation in state and federal courts in Missouri and Kansas. His posts include:

Out-Standing: The Supremes Grant Cert Review of Spokeo v. Robins, 742 F.3d (9th Cir. 2014): Guidance Coming on Article III Standing and Statutory Damages Claims, April 30, 2015.

Going Meta: A Class of Class Action Lawyers in the GMO Rice MDL, March 30, 2015.

One Man’s Trash . . . Whitton v. Defenbaugh, et al., February 26, 2015.

Close Enough For Remand: Hood v. Gilster-Mary Lee Corp., 2015 WL 328499 (W.D. Mo., Jan 26, 2015), February 2, 2015.

Down With the Chips When the Chips Are Down: Kelly v. Cape Cod Potato Chip Company, Inc., January 29, 2015.

Throwing a DART at CAFA Removal – When To Prove Amount In Controversy?, November 4, 2013.

Calculating Amount in Controversy Under the FAA – Vaden Controls, September 6, 2013.

Lien on Me, When You’re Insured –Does Section 430.230 Give A Healthcare Provider An Unlimited Right To Assert a Lien On An Insured Patient’s Claim Against A Third Party Tortfeasor?, September 3, 2013.

For Whom The Statute (of Limitations) Does Not Equitably Toll – In FLSA Classes, August 13, 2013.

Standing at the ATM: The Eighth Circuit Defines Informational Injury-In-Fact Under the EFTA, August 8, 2013.

Kansas Court of Appeals Takes a Pass on Free Gas Class, August 2, 2013.

Limiting Genesis – Preventing the Pickoff Play in FLSA Claims, August 1, 2013.

Eight Circuit Reverses Certification of Insurance PIP Class Based on Predominance, July 30, 2013.

Cy Pres – When Close Enough Isn’t Good Enough or “What Do We Do With All This Extra Cash?”, July 2, 2013.

When the Hunter Becomes the Hunted – Counterclaims, Removal, CAFA, and Realignment . . . ., June 29, 2013.

The Significant 1% and CAFA’s Local Controversy Exception, May 9, 2013.

Class Counsel Fees In Kansas – Careful What You Wish For . . . ., May 9, 2013.

Class Counsel Fees in Missouri – Based On Potential or Actual Class Benefit?, April 17, 2013.

The Mechanics of FLSA Notice, March 14, 2013.

CAFA – Sitting Out State Tax Disputes Based on Federalism and Comity, March 8, 2013.

Discovery in TCPA Classes – Hand Over the Fax Lists, March 8, 2013.

Reverse Concepcion: Class Action Waivers in Employment Contracts – VOID and Unenforceable, March 6, 2013.

Twenty Questions, Only One Answer – When is a motion to strike class allegations timely?, March 5, 2013.

National News – Amgen: Where Merits and Class Issues Collide, February 27, 2013.

Not Getting What You Pay For – When is a Settlement Not a Settlement? McClean v. Health Systems, inc., 2013 WL 594204 (W.D. Mo., Feb. 15, 2013), February 23, 2013.

Easy to Plead an FLSA Claim – Pegues v. Carecentrix, Inc., 2013 WL 183996 (D. Kan. Jan. 17, 2013), February 20, 2013.

“Don’t Go Changin’, To Try and Please Me . . . .” – Ingersoll v. Farmland Foods, Inc., 2103 WL 461918 (W.D. Mo., Feb. 6, 2013), February 12, 2013.

Shining a Light on Professional Objectors – In re Law Office of Jonathan E. Fortman, LLC, 2013 WL 414476 (E.D. Mo., Feb 1, 2013), February 8, 2013.

Failsafe Failure – Lindsay Transmission v. Office Depot, Inc., 2013 WL 275568 (E.D. Mo, Jan. 24, 2013), January 28, 2013.

RE: Coulter v. Anadarko Petroleum Corp. – Defining Adequacy of Class Counsel and Fairness of Class Settlements In Kansas, January 17, 2013.

RE: Doyle v. Fluor Corp. – One Shot At Opt Out in Missouri is Enough, January 17, 2013.

Herding The Cats – Hershey v. Exxonmobil Oil Corp., 2013 WL 66075 (D. Kan., Jan. 4, 2013), January 10, 2013.

Drawing the Line Between Enforceable and Unenforceable Arbitration Agreements, November 28, 2012.

Concepcion And the Enforcability of Consumer Class Action Arbitration Waivers in Missouri, November 14, 2012.

Can A Plaintiff Use CAFA to Remove A Case To Federal Court Based On a Defendant’s Counterclaim Requesting Class Certification?, November 14, 2012.

Can Defense Counsel Communicate With Members of a Certified Class If They Are Representing Themselves Pro Se?, November 14, 2012.

Missouri Cheatsheet: Wal Mart v. Dukes, November 14, 2012.