Andrew M. Hutchison

Select examples of Andy’s prior practice experience includes:

• Successfully moved to dismiss a putative class action against an airline client facing breach of contract, unjust enrichment, and a variety of other claims stemming from alleged false advertising regarding its enhanced economy class. In dismissing the complaint, which carried potential exposure of millions of dollars, the court accepted arguments that the claims were time-barred and/or preempted. Successfully sought an order staying discovery in the case before moving to dismiss.
• Defeated a motion for class certification in a putative class action filed in California state court against a major food manufacturer alleging that the packaging for a specific type of dog treat misrepresented that the product was “wholesome.” The plaintiffs sought approximately $8.4 million on behalf of the putative class, plus punitive damages and attorneys' fees under California's consumer protection statutes. Class certification was defeated, and plaintiffs agreed to drop all claims.
• Represented a national manufacturer in a multi-million dollar construction defect and products liability matter. The case settled after five weeks of trial. 
• Obtained dismissal of defamation and intentional infliction of emotional distress claims filed by a public adjuster against a third-party administrator/investigation company and one of its employees. The lawsuit stemmed from a comment the employee allegedly made to a fire department arson investigator and then published in an email, which the plaintiff interpreted as suggesting that he had set the fire. Secured dismissal of the action through an anti-SLAPP motion, successfully arguing that that statement at issue was made in connection with a law enforcement investigation, and therefore privileged, and that the plaintiff did not meet his burden of showing a likelihood of success on the merits.
• Successfully defended an insurance brokerage firm in professional liability lawsuit related to Superstorm Sandy. Plaintiffs were owners of over 100 medical imaging centers seeking to recover uninsured business interruption losses sustained in five states. The case settled shortly before trial after establishing through depositions and pre-trial motions that plaintiffs’ theory of liability was illogical and their claims for damages were highly speculative.
• Successfully defended a staffing agency that coordinates in-store demonstration events at major box stores in patent infringement action filed by major competitor. The case was dismissed after it was demonstrated that no infringement occurred, the validity of the patents at issue was challenged, and a breach of contract counterclaim against the competitor related to the competitor’s failure to pay our client for its services on a joint national marketing program was pursued.
• Successfully defended professionals in lawsuit alleging misappropriation of trade secrets and violation of restrictive covenant prohibiting solicitation of clients. The case settled after obtaining a favorable ruling on a motion challenging the enforceability of these claims.
• Obtained summary judgment for a large design-build firm sued for negligence and fraudulent concealment after coal mine subsidence occurred under the project site several years after completion of construction and caused millions of dollars in property damage. Successfully defended summary judgment on appeal.
• Successfully defended a large engineering firm in wrongful death lawsuit arising from a fiber optic cable installation project. The case settled shortly before trial after undertaking an aggressive discovery to discover the cause of the incident and successfully raising and pursuing complex contractual indemnity issues between the defendants.
• Obtained summary judgment for a large engineering firm in two related wrongful death lawsuits in which plaintiffs alleged that the client negligently designed the interstate and toll plaza area where the accident occurred.  After successfully defending summary judgment on appeal in one lawsuit, the other lawsuit settled while on appeal.
• Successfully defended a large engineering and construction management firm in multiple wrongful death lawsuits arising from separate accidents that occurred during a large highway and bridge deck reconstruction project.  Both lawsuits settled before trial.
• Obtained summary judgment for a design consultant in lawsuit filed by an employee of building owner who sustained injuries while working on the construction site. Successfully defended summary judgment on appeal.