Bar and Court Admissions
Andrew Myers represents major companies facing high-profile claims at the trial and appellate levels. He brings diverse and special expertise to commercial, product liability, and professional liability matters, including defending medical professionals and healthcare companies against allegations of civil rights violations.
Andrew’s recent experience includes serving as national coordinating counsel to a leading shipping company against FLSA collective actions and handling a portfolio of complex multidistrict litigation involving popular antidepressants. Andrew has developed significant experience addressing the laws and issues arising in complex mass actions, managing expert and Daubert strategy, and understanding the application of complex issues in court. He has also briefed numerous trial and appellate courts, including the U.S. Supreme Court.
- Defeated certification of a putative class of 20,000 California claimants alleging that WTO's client was a "joint employer" and was liable for unpaid overtime and other wage-and-hour violations.
- Won a three-day arbitration for a Fortune 50 company against a former supplier that brought improper termination and breach of contract claims and sought more than $1 million in damages.
- Won summary judgment for an international shipping company in a putative joint employment class action in federal court in Colorado.
- Serve as national coordinating counsel to a major transportation company in FLSA collective action and individual and class wage and hour claims.
- Successfully resolved a series of cases against a healthcare provider arising out of three inmate deaths in one month in a New Mexico jail.
- Won a defense verdict in Philadelphia, during the week of Christmas, for a hospital and its physician assistant who diagnosed muscle strain when in fact the plaintiff had an infection that resulted in the amputation of her leg. The jury agreed with WTO's arguments that, given the circumstances, the original diagnosis was reasonable.
- In re: Zoloft Litigation (Cir. Ct. Kanawha Cnty. W. Va. 2016) - Won exclusion of a key plaintiff causation witness and summary judgment in a West Virginia case alleging that Pfizer's medication, Zoloft, causes birth defects. As a result, the court granted summary judgment in Pfizer's favor less than three weeks before trial.
- Called in two weeks before trial in Florida to defend a correctional healthcare provider in a case with 8-figure exposure involving an inmate's unsuccessful suicide attempt. Case settled successfully before trial.
- In re: Zoloft (Sertraline Hydrochloride) Products Liability Litigation (E.D. Pa. 2016) - Successfully excluded all of plaintiffs' general causation experts to help Pfizer secure summary judgment in federal Zoloft birth defect MDL.
- Porter v. Smithkline Beecham (Phila. Ct. Com. Pl. 2015) - Contributed to summary judgment win for Pfizer in a Zoloft birth defect case in Philadelphia. WTO partner Jim Hooper cross-examined the plaintiffs' only expert to offer live testimony, leading to the exclusion of both of the plaintiffs' experts. This was the second time courts excluded causation experts in Zoloft birth defect litigation. In 2014, Hooper cross-examined three causation experts in federal multidistrict litigation in Philadelphia; all three were barred from offering causation opinions.
- Resolved a multimillion-dollar case arising from an inmate death in Colorado that attracted national press, including from CNN and The New Yorker.
- Won exclusion of plaintiffs' general causation experts in multidistrict litigation involving more than 600 claimants alleging the antidepressant Zoloft caused birth defects.
- Brown v. Whirlpool (N.D. Ohio 2014) - Obtained dismissal of class action allegations and 15 of 17 claims against Whirlpool in an environmental toxic tort case. Plaintiffs voluntarily dismissed their remaining claims after the court's ruling.
- Fletcher v. Pizza Hut (E.D. Va. 2009) - Won a defense verdict for Pizza Hut/Yum! Brands in a liability case involving traumatic brain injury and over $3.5 million in damages following an accident involving a Pizza Hut delivery vehicle.
- Thunder Mountain Custom Cycles v. Thiessen Products, 72 F.3d 604 (D. Colo. 2008) - Obtained dismissal of claims against a manufacturer of high-end motorcycle parts in a product liability case in federal court in Colorado. Following dismissal of plaintiff's claims, WTO's client was awarded over $1 million on its counterclaim of payments owed.
- McNellis v. Pfizer (3d Cir. 2008) - Won an appeal for Pfizer in a groundbreaking preemption case before the Third Circuit.
- Conroy v. Dennis (Colo. 2006) - Successfully tried to verdict a case in which our clients proved that Colorado's electronic voting systems had not been tested and certified in accordance with the law. The case led to major changes in Colorado election law.
Publications & Speaking Engagements
- Contributing author, "Guidelines and Best Practices for Large and Mass-Tort MDLS," The Bloch Judicial Institute at Duke Law (September 2018).
- "The False Equivalence Motion: A Trend in Plaintiffs' Offensive Use of Daubert Challenges," DRI's RX for the Defense (April 17, 2017).
"Cross Examination – What You Need to Know," presented at a Doyle Inn of Court CLE (February 15, 2017).
"Using FDA Pronouncements to Defend Product Liability Claims," presented at DRI Drug and Medical Device Conference (May 14, 2009).
- Benchmark Litigation 2021 Includes 23 WTO Lawyers
- Benchmark Litigation Names WTO Lawyers to Top 250 Women in Litigation and Under 40 Hotlist
- Denver Business Journal, "Long, Winding Road for Class Actions," April 15, 2016.
- Pfizer Legal Team Wins Daubert Exclusion of Plaintiffs' General-Causation Experts in Birth Defects Mass Tort Litigation
- Wheeler Trigg O'Donnell Elects New Partners Galen Bellamy and Andrew Myers
- SJ for WTO Medical Device Manufacturer Client Based on Federal Preemption Law
- Pfizer Presents WTO with Performance Award
- WTO Manufacturer Client Wins Over $1M on Counterclaim
Arnold & Porter LLP
Legal Memberships, Activities, and Honors
Under 40 Hotlist, 2017-2018, 2020
The Best Lawyers in America
Personal Injury Litigation - Defendants, 2022
Colorado Rising Stars
Personal Injury Defense: Products, 2011-2017
Law Week Colorado
Up-and-Coming Lawyers, 2008
Colorado Bar Association
Colorado Civil Justice League
President, Board of Directors, 2018-2019
Coaching high school mock trial team, golf, and playing poker