Andrew Tauber is a partner in Mayer Brown’s Supreme Court & Appellate practice who, according to The Legal 500 United States (2014), uses his “high-octane brain power to deliver superior advocacy.”
Andy has been named a D.C. appellate “Litigation Star” two years in a row by Benchmark Litigation; has been designated a nationwide “noted practitioner” in the areas of rail transportation and product-liability defense by Chambers; is hailed as a leading railroad lawyer by Best Lawyers in America; and has been repeatedly recognized in Legal500 USA for product-liability defense in the pharmaceutical and medical-device area.
With substantial experience in matters of federal preemption, Andy devotes much of his practice to cases involving the medical-device and railroad industries, but has successfully briefed and argued a wide variety of cases for a wide variety of clients on issues as diverse as federal jurisdiction in product-liability cases, personal jurisdiction over corporate defendants, second-hand asbestos claims, attorney-client privilege, antitrust liability for pre-bankruptcy conduct, and First Amendment protections for commercial speech.
In addition to his purely appellate work, Andy also works closely with trial lawyers to craft and preserve legal arguments for later appellate review by drafting motions to dismiss, motions for summary judgment, motions in limine, and proposed jury instructions. Recognizing the importance of issue preservation, clients frequently call on Andy to brief and argue motions to dismiss and other critical motions.
Andy serves as national coordinating counsel for clients with recurring legal issues that implicate unsettled areas of law (such as the preclusion of FELA claims and the preemption of product-liability claims). As coordinating counsel, Andy helps clients develop their litigation strategy, prepares materials for use by the clients’ other outside counsel, and reviews briefing by other outside counsel to ensure consistency across the clients’ litigation portfolio.
On behalf of medical device manufacturers, Andy has successfully briefed and argued a wide range of product-liability issues, including: federal preemption; federal jurisdiction; personal jurisdiction; statute of limitations; negligence per se; application of Restatement (Second) of Torts § 402A cmt. k; and, application of state consumer protection laws.
Building on his extensive litigation experience, Andy also works with clients and industry groups on legislative matters. He has drafted statutory language, prepared briefing papers, testified before a legislative committee, and met with individual legislators and their staffs. On more than one occasion he has helped persuade legislative bodies to reject bills that would have adversely affected his clients.
Prior to joining Mayer Brown in 2005, Andy spent five years with a major New York firm, before which he served as a law clerk to the Hon. John G. Koeltl of the United States District Court for the Southern District of New York. He is fluent in German.
- Yale Law School, JD
- Massachusetts Institute of Technology, PhD
- Wesleyan University, BA
- District of Columbia
- New York
- US Supreme Court
- US Court of Appeals for the Federal Circuit
- US District Court for the District of Columbia
- US District Court for the Southern District of New York
- US District Court for the Eastern District of New York
- US District Court for the Western District of Tennessee
- Edward Coke Appellate Inn of Court
- National Association of Railroad Trial Counsel
- Cerveny v. Aventis, Inc., 855 F.3d 1091 (10th Cir. 2017). Authored amicus brief on behalf of industry group which helped persuade court that failure-to-warn claims against a pharmaceutical manufacturer were impliedly preempted by federal law.
- Caplinger v. Medtronic, Inc., 136 S. Ct. 796 (2016). Convinced Supreme Court to not disturb appellate decision holding state-law claims against a medical-device manufacturer preempted by federal law.
- Thorn v. Medtronic, Inc., 624 F. App’x 433 (6th Cir. 2015). Successfully defended trial court’s denial of motion for reconsideration of order dismissing all claims arising from alleged off-label promotion of a medical device.
- Otis-Wisher v. Medtronic, Inc., 616 F. App’x 433 (2d Cir. 2015). Successfully defended dismissal of all claims arising from alleged off-label promotion of a medical device.
- Wood v. Medtronic, Inc., 2015 WL 5793602 (W.D.N.Y. 2015). Obtained dismissal of all claims against a medical-device manufacturer.
- Schouest v. Medtronic, Inc., 92 F. Supp. 3d 606 (S.D. Tex. 2015). Won dismissal of all claims arising from alleged off-label promotion of a medical device.
- Brady v. Medtronic, Inc., 2014 WL 1377830 (S.D. Fla. 2014). Persuaded court to dismiss claims arising from alleged off-label promotion of a medical device on preemption and pleading grounds.
- Pinsonneault v. St. Jude Med., Inc., 2014 WL 2879754 (D. Minn. 2014). Obtained summary judgment as to almost all claims arising from alleged manufacturing defect in a medical device.
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