Andre M. Mura represents plaintiffs in class action and complex litigation concerning consumers’ and workers’ rights, products liability, drug and medical devices, federal jurisdiction, and constitutional law.
Prior to joining Gibbs Law Group LLP, Mr. Mura was senior litigation counsel at the Center for Constitutional Litigation PC, where he represented plaintiffs in high-stakes appeals and complex litigation in state supreme courts and federal appellate courts. Mr. Mura also authored briefs filed in the U.S. Supreme Court, at both the petition and merits stages, and argued dispositive motions in trial courts nationwide. SCOTUSblog, the blog of the Supreme Court of the United States, selected Mr. Mura’s petition for certiorari in Malaterre v. Amerind Risk Management Corp., No. 11-441 as “Petition of the Day.”
Andre is frequently called upon to discuss emerging issues in class actions, and regularly contributes his insights and commentary to the Consumer Law Watch, a blog analyzing developments in the law of consumer class actions. He is a member of the American Bar Association (ABA) Tort Trial and Insurance Practice Section (TIPS) Plaintiffs Policy Task Force. He serves as chair-elect of the ABA-TIPS Appellate Advocacy Committee. Andre is a member of the Lawyers Committee of the National Center for State Courts and a former chair of its Young Lawyers Committee. He is also a member of the American Association for Justice and the Consumer Attorneys of California.
Andre is of counsel to Girard Gibbs and a partner at Gibbs Law Group.
Reynolds v. Wal-Mart – Andre successfully opposed Wal-Mart’s motion to dismiss in this putative class action in federal court concerning deceptive food labeling.
Corber v. Xanodyne Pharmaceuticals – Andre represented plaintiffs injured by propoxyphene, an ingredient found in Darvocet and Darvon pain relief drugs and generic pain relievers, before the U.S. Court of Appeals for the Ninth Circuit, sitting en banc.
Watts v. Lester E. Cox Medical Centers, 376 S.W.3d 633 (Mo. 2012), Andre successfully argued that a state law limiting compensatory damages in medical malpractice cases violated his client’s constitutional right to trial by jury. In ruling in favor of Mr. Mura’s client, the Missouri high court agreed to overturn a 20-year-old precedent.
Texaco, Inc. & Chevron Corp. v. Simon, Mr. Mura argued before the Mississippi Supreme Court in a case concerning Texaco’s and Chevron’s liability for pregnant women’s exposure to leaded gas. The case settled favorably after oral argument but before decision.
U.S. Supreme Court Advocacy
J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011), Andre drafted merits briefing addressing whether personal jurisdiction exists over a foreign manufacturer.
Mutual Pharmaceutical Co., Inc. v. Bartlett, 133 S. Ct. 2466 (2013), Andre was the lead author of an amicus curiae brief for the American Association for Justice and Public Justice in case examining whether federal drug safety law preempts state-law liability for defectively designed generic drugs.
Qwest Services Corp. v. Blood, 132 S. Ct. 1087 (2012), Andre was counsel of record for plaintiffs in opposing Supreme Court review of an $18 million punitive damages award.
Publications and Presentations
Co-author, “Beware Intended Consequences of Class Action Reform, Too,” Law360 Expert Analysis, March 14, 2017.
Co-author, Recent Developments in Appellate Advocacy, Tort Trial & Insurance Practice Law Journal, Winter 2016.
Presenter, “Personal Jurisdiction In Mass Torts and Class Actions: Exploring the Impact of BMS v. Superior Court,” American Association for Justice Rapid Response Webinar, September 2016.
Moderator, “Volkswagen Emissions, One Year Later: Litigation and Science Update,” ABA Tort Trial and Insurance Practice Section, Toxic Torts and Environmental Law Committee Annual Meeting, August 2016.
Co-Moderator, “Who Will Write Your Rules- Your State Court, or the Federal Judiciary,” 2016 Pound Civil Justice Institute’s Judges Forum, July 2016.
Presenter, “Volkswagen Diesel Emission Fraud,” American Association for Justice 2016 Convention Litigation at Sunrise Presentation, July 2016.
Presenter, “The Current State of Ascertainability,” Class Action Litigation Conference 2016, Bridgeport Continuing Legal Education, April 2016.
Co-host and presenter, “Consumer Legal Remedies Act Webinar,” Bridgeport Continuing Legal Education, March 2016.
Presenter, “Volkswagen Emissions Fraud Webinar,” American Association for Justice and HB Litigation Conferences, October 2015.
Author, Taking on Infuse and Preemption, Trial Magazine, July 1, 2015.
Co-author, Recent Developments in Appellate Advocacy, Tort Trial & Insurance Practice Law Journal (co-authored), Fall 2013 & Winter 2015.
Author, Success and Failure in Evading CAFA’s “Mass Action” Provision, AAJ’s Class Action Litigation Group Newsletter, Summer 2014.
Author, Buckman Stops Here! Limits on Preemption of State Tort Claims Involving Allegations of Fraud on the PTO or the FDA, 41 Rutgers L.J. 309, 2010.
Presenter, Life After Stengel: An Update on Preemption Tactics for Drug and Device Lawyers, DC Bar Tort Law Section.
Presenter, “Hot Coffee: Civil Justice Debate,” Milbank Tweed Forum Series at New York University Law School.