Overview
Andy is an accomplished trial attorney who has represented clients for 30 years in complex commercial and professional liability disputes, with a particular emphasis on legal and accountant professional liability, directors and officers liability, securities litigation, and employment-related disputes. He serves as the Chair of Reminger’s Legal Professional Liability, Financial Services Professional Liability and Miscellaneous Professional Liability Practice groups. Andy also serves as Reminger's Vice President of Client Development.
Andy has extensive trial experience in both state and federal courts, as well as extensive arbitration experience with the Financial Industry Regulatory Authority (FINRA) and administrative hearings nationwide. In his last ten FINRA arbitrations, Andy obtained eight defense awards and the two claimant awards were for only 3% and 9% of the amount demanded at closing.
Andy is a recognized “go-to” defense counsel who defends professionals and organizations accused of malpractice, breach of fiduciary duty, breach of contract fraud, and other types of misconduct. As a former insurance agent and licensed securities representative, he possesses significant knowledge of regulatory standards established by administrative entities that impact a number of professions that he represents, and he is also experienced in providing counsel an effective representation to those clients facing disciplinary proceedings and investigations.
Andy employs creative thinking and sound judgment in managing complex matters, keeping an eye on balancing results and the best strategies that align with the interests of his clients and the amount in controversy.
Andy is a frequent presenter to members of the insurance industry, the bar, and the financial services and real estate industries. He is a Past President of the Professional Liability Attorney Network and is a member of the Professional Lines Underwriting Society, and other legal and bar associations.
Honors & Recognitions
Listed in Best Lawyers in America for Commercial Litigation and Insurance Law, since 2006
Recognized as a Super Lawyer in Ohio Super Lawyers Magazine, since 2008
Professional caddy at numerous national golf tournaments including the 2010 and 2011 PGA Championships at Whistling Straits and the Atlanta Athletic Club
Community & Professional
American Bar Association
Ohio State Bar Association
Defense Research Institute
Cleveland Metropolitan Bar Association
Professional Liability Underwriting Society
Professional Liability Attorney Network (Past Chair)
Canterbury Golf Club
Results
- Aug 6, 2024, Motion for Summary Judgment GrantedMahoning County Court of Common Pleas
The purchaser of a property who after the title agency prepared the settlement statements instead elected to proceed with the closing without the title agency filed a third-party claim against the title agency when the purchaser later discovered a potentially fraudulent signature in a prior deed in the chain of title. The Court granted the title company summary judgment holding that a title search does not include the rendering of an opinion as to the validity of the title and the title agency was no longer under any independent duty to disburse funds for title insurance that were set forth in the settlement statements when the purchaser elected to forego the closing.
- Apr 26, 2024, Motion for Judgment on Pleadings GrantedCuyahoga County Court of Common Pleas
Less than five months after legal malpractice case filed, all claims dismissed against attorney and law firm based on the legal malpractice statute of repose and statute of limitations.
- Apr 17, 2024, Motion For Summary Judgment
In a contentious legal malpractice case alleging numerous allegations about representation, obtained summary judgment and dismissal of all claims in favor of attorney and her law firm.
- Apr 2024, DismissalHamilton County Common Pleas Court
Obtained Rule 12 dismissal on behalf of Ohio attorneys and their law firm in omnibus civil lawsuit alleging a failure by the clients to defend the plaintiff in separate litigation, succeeding on claims of pleading deficiency and other legal bases.
- Feb 1, 2024, Motion for Judgment on the Pleadings GrantedMorrow
Obtained dismissal of all claims alleged against title company as court held that the plaintiff’s claim as a third-party beneficiary as to the title company had no support in Ohio law.
- Jan 30, 2024, Summary Judgment GrantedCuyahoga County Court of Common Pleas
Summary judgment granted in favor of an attorney and his law firm. The attorney was accused of legal malpractice regarding his representation of his client who was the wife that had a business dispute with her husband’s family-owned business. The wife claimed over six figures in damages against the attorney and filed the legal malpractice suit as the power of attorney for her husband. There was little case law as to the applicability of the attorney-client relationship when a power of attorney is involved in this scenario and also where the wife was trying to state claims that as a spouse she had standing and privity to bring the legal malpractice claim and how the statute of limitations applied as a result. The trial court initially agreed that the case was barred by the statute of limitations granting judgment on the pleadings in favor of our clients. However, this was then reversed and remanded as the appellate court ruled there were sufficient allegations in the pleadings to state a claim. After discovery, Andy and Melany won again as they filed a motion for summary judgment which the trial court granted holding that the claims were barred by the statute of limitations and the wife lacked standing as a spouse and also under the power of attorney to bring her claim.
- Dec 22, 2023, Motion for Judgment on the PleadingsCuyahoga County Court of Common Pleas
Obtained a motion for judgment on the pleadings in favor of attorney who was sued for legal malpractice and various aiding and abetting tort claims under the “malice”; “bad faith”; and “fiduciary duty” exceptions to the attorney-client relationship.
- 2023, DismissalAthens County Court of Common Pleas
Obtained dismissal in legal malpractice action alleging malpractice of appeal of criminal matter through grant of motion for summary judgment.
- 2023, DismissalCuyahoga County Court of Common Pleas
Obtained dismissal in legal malpractice action through grant of motion to dismiss within 90 days of assignment.
- Jun 2023, DismissalJefferson County Kentucky Circuit Court
Obtained dismissal in professional negligence claim against an insurance agent and agency through grant of motion for summary judgment, successfully dismissing eight civil claims on the eve of a scheduled trial.
- Jul 28, 2022, Motion for Summary Judgment Affirmed8th Appellate Dist
Affirming the trial court’s grant of summary judgment in favor of defendant law firm and individually named attorneys concerning the handling of an underlying complex business dispute and multi-million dollar property transaction.
- Mar 10, 2022, DismissalSummit County
In a case alleging legal malpractice, case proceeded to bench trial with all claims against the lawyer being dismissed and costs being taxed to the plaintiff.
- Jan 11, 2022Cuyahoga County Court of Common Pleas
Motion for summary judgment granted in favor of our short-term rehabiliation center client against employee claims of race discrimination.
- Aug 16, 2021Cuyahoga County Court of Common Pleas
Defense of a condominium association and its board of directors against breach of contract and breach of fiduciary duty case.
- Nov 18, 2020, Summary Judgment GrantedU.S. District Court, Northern District of Ohio
Motion for summary judgment granted in favor of nursing home against employee claims of age discrimination and retaliation.
- Oct 28, 2020, Motion for Judgment on Pleadings GrantedCuyahoga County Court of Common Pleas
Granting of Motion for Judgment on the Pleadings and dismissing Plaintiff’s legal malpractice claim on the basis that the attorney-defendant owed no duty to Plaintiff to object to a sentence arising out of a probation violation when Plaintiff committed non-technical violations of her parole.
- Jun 23, 2020, Motion for Summary Judgment GrantedLake County
Motion for summary judgment granted in favor of employer against employee claim of wrongful discharge in violation of public policy.
- Jan 2, 2020, Judgment Affirmed8th Appellate Dist
Appellate court affirms trial court’s dismissal of plaintiff’s legal malpractice claim, finding that defendant-attorney exercised sound professional judgment.
- Sep 5, 2019, Complaint dismissed with prejudiceCuyahoga
Time-barred legal malpractice complaint dismissed in its entirety following a grant of defendant-attorney’s motion for judgment on the pleadings 171 days after receipt of assignment.
- Aug 7, 2019FINRA Arbitration
Defense of respondent insurance agent from claims of negligence, negligent and fraudulent misrepresentations, and unsuitability.
- May 17, 2019, Dismissal of complaintCuyahoga
Defense of legal malpractice claim against appellate attorney alleging a failure to object to the State's submission of inadmissible exhibits into the appellate file.
- May 7, 2019Cuyahoga County
Former client-business owner brought a legal malpractice lawsuit against former attorney for alleged deficiencies in the handling of a business dispute and probate matter.
- Dec 28, 2017, Motion For Summary JudgmentSummit County
Michael A. Mazzaggati v. Peyton N. Burrell, et al.
Motion for summary judgment granted in favor of a commercial insurance agency dismissing all claims in their entirety.
- Oct 5, 2017, Award in favor of our clientsFINRA Office of Dispute Resolution, Chicago, IL
FINRA Arbitration
- Aug 25, 2017Cuyahoga County
Defense of putative class action alleging fraud, breach of fiduciary duty, unjust enrichment, and breach of privacy claims against an asset retrieval company for services performed throughout Ohio.
- Mar 30, 2017, Summary Judgment GrantedLake County Court of Common Pleas
Defense of an insurance agent from a claim of declaratory judgment brought by a Plaintiff who asserted that she should have been the only beneficiary on a life insurance policy.
- Feb 22, 2017, Dismissal of All ClaimsFINRA Arbitration
Defense of a broker-dealer and broker against claims of unsuitability, breach of fiduciary duty, breach of contract, and negligence brought by a former client
- Jan 19, 2017, Motion to Dismiss granted for failure to prosecuteU.S. District Court, Northern District of Ohio
Defense of wrongful termination case
- Jan 17, 2017, Summary Judgment GrantedCuyahoga County
Defense of a restaurant from a claim of negligence brought by a Plaintiff who asserted she slipped and fell
- Dec 30, 2015, Motion For Summary JudgmentU.S. District Court for the Southern District of Indiana
Vaughn v. Radio One of Indiana, L.P. Court granted summary judgment in our favor on all claims.
- Apr 21, 2015, Petition for a writ of certiorari deniedU.S. Supreme Court
Dublin Eye Associates, P.C., et al. v. Massachusetts Mutual Life Insurance Co.
Plaintiff appealed adverse U.S. 6th Circuit Court of Appeals judgment in ERISA breach of fiduciary duty claims.
- Nov 13, 2014Cuyahoga
Defense of discrimination employment practices claim
- Oct 15, 2014Cuyahoga County
Defense of wrongful termination employment practices claim
- Jan 17, 2014, Judgment Affirmed6th Appellate Dist
Gregory G. Johnson v. Ohio National Life Assurance Co.
Gregory G. Johnson v. Ohio National Life Assurance Co. Plaintiff appealed adverse trial court judgment in claim for permanent disability benefits under disability policy.
- Jan 13, 2014, Directed VerdictFINRA
Defense of arbitration claim brought forth by claimants concerning the purchase of five variable annuity products. After claimants' case-in-chief, the arbitrator panel granted directed verdict and agreed that the claim was factually impossible and there was an absence of damages.
- Nov 27, 2013, Motion to Dismiss GrantedSummit
Defense of broker dealer financial services liability claim
- Oct 24, 2013, Motion to Dismiss GrantedCuyahoga
Defense of broker in financial services liability claim
- Aug 30, 2013, Favorable OutcomeFINRA
FINRA Arbitration defense of securities broker dealer
- Aug 23, 2013, Summary Judgment GrantedRichland
Defense legal malpractice claim
- Jul 12, 2013U.S. District Court for the Eastern District of Kentucky
Breach of fiduciary duties under ERISA
- Apr 30, 2013Dismissal of Action
Defense of disciplinary action by Certified Financial Planning Board
- Jan 9, 2013U.S. District Court, Northern Ohio
Shieldmark, Inc. v. Creative Safety Supply, LLC. Defense of legal malpractice claim in patent infringement case
- Dec 14, 2012, Favorable OutcomeDetroit, MI
FINRA arbitration defense of financial services professional liability claim
- May 30, 2012, Motion For Summary JudgmentWood
Defense of breach of insurance contract and bad faith claims relating to two disability income insurance policies.
- May 23, 2012, Motion To DismissLorain
Claims of negligence/breach of fiduciary duty for alleged mishandling of a UTMA account.
- Mar 21, 2012EEOC
Defense of EEOC Complaint
- Dec 23, 2011, Award for DefendantIndianapolis, IN
FINRA Securities Arbitration defense involving claim of unsuitability of variable annuity products to plaintiffs
- May 5, 2010, Favorable OutcomeCharlotte, NC
Arbitration defense of security dealer E&O claim involving alleged order to sell securities in Claimants account
- Oct 16, 2009Chicago, IL
FINRA Arbitration defense involving a registered representative in a 419 Plan transaction
News
News
Speaking Engagements
Insights
Publications
Reminger Reports
Practice Areas
- Real Estate
- Insurance Coverage/Bad Faith
- Oil, Natural Gas and Energy
- Broker-Dealer and Investment Advisor Regulatory Compliance and Enforcement
- Business and Commercial Litigation
- Directors & Officers (D&O) Liability Defense
- Employment Practices/Civil Rights Defense
- Financial Services Professional Liability
- Legal Professional Liability
- Miscellaneous Professional Liability
- Professional Liability
- Securities Litigation
Education
J.D., Cleveland State University College of Law, Cum Laude, 1994
B.S.B.A., Bowling Green State University, 1989
Admissions
- State of Ohio, 1994
- U.S. Court of Appeals for the Sixth Circuit, 1994
- U.S. District Court, Southern District of Ohio, 1994
- U.S. District Court, Northern District of Ohio, 1995
- Commonwealth of Kentucky, 1995
- U.S. District Court, Western District of Kentucky, 1995
- U.S. District Court, Eastern District of Kentucky, 1998
- U.S. Supreme Court, 2013
- Numerous Pro Hac Vice Admissions in Indiana, Michigan, Pennsylvania, New York, Tennessee, Illinois, Idaho and Missouri