Litigation Experience
- Helped prepare certiorari petition in landmark U.S. Supreme Court case won by our side, and independently
conceived and researched new third-party cause of action in related case.
- Drafted successful motion to dismiss antitrust counterclaims in $300 million lawsuit.
- Class action defense in multi-district insurance market conduct litigation. Successfully moved to dismiss
gross negligence claims.
- Defense counsel in sweepstakes fraud lawsuits. Interviewed top executives; marshaled extensive facts about
the sweepstakes industry; wrote deposition questions for class representatives; drafted answers for some individual
plaintiff cases; researched agency law, causation, class notice issues, etc.
- Conducted all research for successful motion to dismiss, defending creators and producers of celebrity
television show in dispute regarding ownership rights to the show.
- Helped attain temporary restraining order and eventual settlement for individual investor pitted against major
investment bank
- Prevailed in seeking summary judgment for hospital against former department head and dismissal of
another physician’s civil RICO suit against insurer. Helped try to expand an unsettled doctrine in employment law.
- Helped draft arguments (against breach of fiduciary duty claims) that prevailed on appeal in insurance carrier
motion to dismiss state attorney general’s “contingent commissions” lawsuit.
- Tested, in two separate suits, the limits of a provision of the state Public Health Law.
- As law clerk, conducted substantial research and writing including major portions of dozens of published
options such as:
- Helped prepare certiorari petition in landmark U.S. Supreme Court case won by our side, and independently
conceived and researched new third-party cause of action in related case.
- Drafted successful motion to dismiss antitrust counterclaims in $300 million lawsuit.
- Class action defense in multi-district insurance market conduct litigation. Successfully moved to dismiss
gross negligence claims.
- Defense counsel in sweepstakes fraud lawsuits. Interviewed top executives; marshaled extensive facts about
the sweepstakes industry; wrote deposition questions for class representatives; drafted answers for some individual
plaintiff cases; researched agency law, causation, class notice issues, etc.
- Conducted all research for successful motion to dismiss, defending creators and producers of celebrity
television show in dispute regarding ownership rights to the show.
- Helped attain temporary restraining order and eventual settlement for individual investor pitted against major
investment bank
- Prevailed in seeking summary judgment for hospital against former department head and dismissal of
another physician’s civil RICO suit against insurer. Helped try to expand an unsettled doctrine in employment law.
- Helped draft arguments (against breach of fiduciary duty claims) that prevailed on appeal in insurance carrier
motion to dismiss state attorney general’s “contingent commissions” lawsuit.
- Tested, in two separate suits, the limits of a provision of the state Public Health Law.
- As law clerk, conducted substantial research and writing including major portions of dozens of published
options such as:
- 1. First published opinion to distinguish an aspect of decade-old controlling U.S. Supreme Court
decision on self-critical analysis privilege.
2. Post-traumatic stress disorder claims under Warsaw convention; & also holding that amended
legislation does not preempt treaty.
3. Due process rights of a tenured professor to receive research grants without interference.
4. Important aspect of prisoners’ speech & association rights.
5. First opinion to distinguish two Second Circuit cases construing the Americans with Disabilities Act
for Tourette's Syndrome patients.
6. Interpreting Fair Debt Collection Practices Act’s “affiliate exemption.”
7. Construing equal protection under federal and state constitutions in “pat down” lawsuit.
8. Interpreting constitutional right to proceed pro se at trial.
| Copyright © 2008 by Andrew Adler. All rights reserved. |
Andrew Adler
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